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THE 



or THE 



UNITED STATES OF AMERICA: 



THE 



RULES OF THE SENATE, 



AND OF THE 



HOUSE OF representatives: 



"WITH 



3tHttwn'fi ffltmuuh 



PRINTED BY ORDER OF THE SENATE OF THE UNITED STATES. 



WASHINGTON: 

PRINTED BY DUFF GREEN. 
1828. 



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CONSTITUTION. 



WE the People of the United States in order to form 
a more perfect union, establish justice, ensure domes- 
tranquillity, provide for the common defence, pro- 
)te the general welfare and secure the blessing's of 
erty to ourselves and our posterity, do ordain and 
'ablish this Constitution for the United States of 
•nerica. 

ARTICLE I. 

SECTION I. 

\11 legislative powers herein granted shall Legislative 
I vested in a Congress of the United States, powers. 
:ich shall consist of a Senate and House of 
ypresentatives. 

SECTION II. 

The House of Representatives shall be com- Members 
posed of members chosen every second year House of 
by the people of the several States, and the ^es^how" 
electors in each State shall have the qualifica- chosen, 
tions requisite for electors of the most nume- 
rous branch of the State Legislature. 

No person shall be a Representative who Qualifica- 

shall not have attained to the age of twenty- ^ on mem * 
n 11 *'• p bers House 

live years, and been seven years a citizen of of Repre . 

the United States, and who shall not, when sentatives, 

elected, be an inhabitant of that State in which 

he shall be chosen. 

Representatives and direct taxes shall be Apportion- 

apportioned among the several States which ment of Re ° 

may be included within this Union, according jjyeg enta * 

to their respective numbers, which shall be 



CONSTITUTION. 



\Jlrt. 1. 



determined by adding to the whole number 
of free persons, including those bound to ser- 
vice for a term of years, and excluding In- 
dians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall be made 
within three years after the first meeting of 
the Congress of the United States, and with- 
in every subsequent term of ten years, in such 
manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one 
for every thirty thousand, but each State shall 
have at least one Representative; and until 
such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode-Island 
and Providence Plantations one, Connecti- 
cut five, New-York six, New-Jersey four, 
Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North-Carolina 
five, South-Carolina five, and Georgia three. 
When vacancies happen in the representa- 
tion from any State, the Executive authority 
thereof shall issue writs of election to fill such 
vacancies. 
House of The House of Representatives shall choose 

Represents- their Speaker and other officers; and shall have 

tives choose the sole power of impeachment. 

officers. 

SECTION III. 



Vacancies, 
how filled. 



Senate, how 
chosen. 



Senators 
classed. 



The Senate of the United States shall be 
composed of two Senators from each State, 
chosen by the Legislature thereof, for six 
years; and each Senator shall have one vote. 

Immediately after they shall be assembled 
in consequence of the first election, they shall 
be divided as equally as may be into three 
classes. The seats of the Senators of the first 



Jlrt. L] CONSTITUTION 5 

class shall be vacated at the expiration of the 
second year, of the second class at the expira- 
tion of the fourth year, and of the third class 
at the expiration of the sixth year, so that 
one-third may be chosen every second year; 
and if vacancies happen by resignation or 
otherwise, during the recess of the Legisla- 
ture of any State, the executive thereof may 
make temporary appointments, until the next 
meeting of the Legislature, which shall then 
fill such vacancies. 

No person shall be a Senator who shall not Senator 
have attained to the age of thirty years, and qualification 
been nine years a citizen of the United States, 
and who shall not, when elected, be an in- 
habitant of that State for which he shall be 
chosen. 

The Vice-President of the United States Vice-Presi- 
shall be "President of the Senate, but shall dent vote, 
have no vote, unless they be equally divided. 

The Senate shall choose their other officers, Senate 

and also a President pro-tempore, in the ab- cnoose offi - 

cers 
sence of the Vice-President or when he shall 

exercise the office of President of the United 

States. 

The Senate shall have the sole power to Try im* 
try all impeachments: when sitting for that peachments,. 
purpose, they shall be on oath or affirmation. 
When the President of the United States is 
tried the Chief Justice shall preside: and no 
person shall be convicted without the concur- 
rence of two-thirds of the members present. 

Judgment in cases of impeachment shall Judgment 

not extend farther than to removal from office, on irn P eac fr**- 

menu 
and disqualification to hold and enjoy any of- 
fice of honor, trust or profit under the United 
States: but the party convicted shall never- 
1* 



CONSTITUTION. 



[Jlrt. 1 



theless be liable and subject to indictment, 
trial, judgment and punishment, 
to law. 



according 



Elections, 
how held. 



Congress as- 
semble an- 
nually. 



Elections, 
how judged. 



Quorum, 
Senate and 
House of 
Representa- 
tives. 

Rules. 



Journals by 
each House. 



SECTION IV. 

The times, places and manner of holding 
elections for Senators and Representatives, 
shall be prescribed in each State by the legis- 
lature thereof; but the Congress may at any 
time by law make or alter such regulations, 
except as to the places of choosing Senators. 

The Congress shall assemble at least once 
in every year, and such meeting shall be on 
the first Monday in December, unless they 
shall by law appoint a different day. 

section v. 

Each House shall be the judge of the elec- 
tions, returns and qualifications of its own 
members, and a majority of each shall consti- 
tute a quorum to do business; but a smaller 
number may adjourn from day to day, and 
may be authorized to compel the attendance of 
absent members, in such manner, and under 
such penalties as each House may provide. 

Each House may determine the rules of its 
proceedings, punish its members for disorder- 
ly behaviour, and, with the concurrence of 
two-thirds, expel a member. 

Each House shall keep a journal of its pro- 
ceedings, and from time to time publish the 
same, excepting such parts as may in their 
judgment require secrecy; and the yeas and 
nays of the members of either House on any 
question shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Neither House, during the Session of Con- 



Art. 1.] CONSTITUTION. 7 

gress, shall, without the consent of the other, Adjourn- 
adjourn for more than three days, nor to any ment 
other place than that in which the two Houses 
shall be sitting. 

SECTION VI. 

The Senators and Representatives shall re- Compensa- 
eeive a compensation for their services, to be Un- 
ascertained by law, and paid out of the Trea- 
sury of the United States. They shall in all privileges; 
cases except treason, felony and breach of the 
peace, be privileged from arrest during their Arrests* 
attendance at the session of their respective 
Houses, and in going to and returning from 
the same; and for any speech or debate in 
either House, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during Members 
the time for which he was elected, be appoint- n ^ a PP°/nt- 
ed to any civil office under the authority of e ° ° ce * 
the United States, which shall have been cre- 
ated, or the emoluments whereof shall have 
been increased during such time: and no per- 
son holding any office under the United States 
shall be a member of either House during 
his continuance in office. 

SECTION VII. 

All bills for raising revenue shall originate Bills, reve- 
in the House of Representatives; but the Se- nue > Hous e 
nate may propose, or concur with, amend- sentatives. 
ments, as on other bills. 

Every bill which shall have passed the Bills, their 
House of Representatives and the Senate, formalities, 
shall, before it become a law, be presented 
to the President of the United States; if he 
approve he shall sign it, but if not he shall 



8 CONSTITUTION. [•£#»/. 1- 

return it, with his objections to that House 
in which it shall have originated, who shall 
enter the objections at large on their journal, 
and proceed to reconsider it. If after such 
reconsideration two-thirds of that House shall 
agree to pass the bill, it shall be sent, together 
with the objections, to the other House, by 
which it shall likewise be reconsidered, and 
if approved by two-thirds of that House, it 
shall become a law. But in all such cases 
the votes of both Houses shall be determined 
by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be 
entered on the journal of each House respec- 
tively. If any bill shall not be returned by 
the President within ten days (Sundays ex- 
cepted,) after it shall have been presented to 
him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress 
by their adjournment prevent its return, in 
which case it shall not be a law. 
Resolutions Every order, resolution, or vote to which 
and votes, the concurrence of the Senate and House of 
before the Representatives may be necessary (except 
the United on a question of adjournment) shall be pre- 
States. sented to the President of the United States; 

and before the same shall take effect, shall 
be approved by him, or, being disapproved 
by him, shall be repassed by two-thirds of 
the Senate and House of Representatives, ac- 
cording to the rules and limitations prescribed 
in the case of a bill. 

SECTION VIII. 

Congress The Congress shall have power To -lay 

lay taxes. an( j collect taxes, duties, imposts and ex- 
cises, to pay the debts and provide for the 



Jlrt. 1.] CONSTITUTION. 9 

common defence and general welfare of the 
United States; but all duties, imposts and ex- 
cises shall be uniform throughout the United 
States; 

To borrow money on the credit of the Borrow mo-. 
United States; ne y- 

To regulate commerce with foreign na- Commerce, 
tions, and among the several States, and with &c. 
the Indian tribes; 

To establish an uniform rule of naturaliza- Naturalize 
tion, and uniform laws on the subject of bank- ^ oll > &e « 
?uptcies throughout the United States; 

To coin money, regulate the value thereof, Coin, &c. 
and of foreign coin, and fix the standard of 
weights and measures; 

To provide for the punishment of counter- Punish 
feiting the securities and current coin of the . counterfeit> 
United States; ' 

To establish post offices and post roads; |°f offices > 

To promote the progress of science and promote 
useful arts, by securing for limited times to science, 
authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the su- Congress 
. constitute 

preme court; ■- . . , - ' . courts. 

To define and punish piracies and felonies piracies, 
committed on the high seas and offences &c. 
against the law of nations ; 

To declare war, grant letters of marque Declare 
and reprisal, and make rules concerning cap- war, &c, 
tures on land or water; 

To raise and support armies, but no ap- Raise 
propriation of money to that use shall be for armies, 
a longer term than two years; 

To provide and maintain a navy; Navy, 

To make rules for the government and re- 
gulation of the land and naval forces; 



10 



CONSTITUTION. 



[rfrt. 1 



Militia. 



Organize 
militia*. 



Exclusive 
legislation 
over ten 
miles. 



Congress 
make laws 
general. 



To provide for calling forth the militia to 
execute the laws of the Union, suppress in- 
surrections and repel invasions; 

To provide for organizing, arming, and 
disciplining, the militia, and for governing 
such part of them as may be employed in the 
service of the United States, reserving to the 
States respectively, the appointment of the of- 
ficers, and the authority of training the mili- 
tia according to the discipline prescribed by 
Congress; 

To exercise exclusive legislation in all 
cases whatsoever, over such district (not ex- 
ceeding ten miles square) as may, by cession 
of particular States, and the acceptance of 
Congress, become the seat of the government 
of the United States, and to exercise like au- 
thority over all places purchased by the con- 
sent of the Legislature of the State in which 
the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other 
needful buildings; — And 

To make all laws which shall be necessary 
and proper for carrying into execution the 
foregoing powers, and all other powers vest- 
ed by this constitution in the government of 
the United States, or in any department or 
office thereof. 



Importation 
of persons 
after 1808. 



SECTION IX. 

The migration or importation of such per- 
sons as any of the States now existing shall 
think proper to admit, shall not be prohibited 
by the Congress prior to the year eighteen 
hundred and eight, but a tax or duty may be 
imposed on such importation; not exceeding 
ten dollars for each person. 



Art. 1.] CONSTITUTION 11 

The privilege of the writ of Habeas Corpus Habeas Cor- 
shall not be suspended, unless when in cases pus. 
of rebellion or invasion the public safety may- 
require it. 

No bill of attainder or ex post facto law Attainder. 
shall be passed. 

No capitation, or other direct, tax shall be Tax * 
laid, unless in proportion to the census or enu- 
meration herein before directed to be taken. 

No tax or duty shall be laid on articles ex- No exporta- 
ported from any State. tion duty. 

No preference shall be given by any regu- No prefer- 
lation of commerce or revenue to the ports of ence in 
one State over those of another: nor shall ves- Q r °™™ erce 
sels bound to, or from, one State, be obliged to 
enter, clear, or pay duties in another. 

No money shall be drawn from the Trea- Money, how 
sury, but in consequence of appropriations drawn, 
made by law; and a regular statement and 
account of the receipts and expenditures of 
all public money shall be published from 
time to time. 

No title of nobility shall be granted by Titles not to 
the United States: and no person holding any beconferr- 
office of profit or trust under them, shall, ' 
without the consent of the Congress, accept 
of any present, emolument, office, or title, of 
any kind whatever, from any king, prince, 
or foreign State. 

section x. 

No State shall enter into any treaty, al- states, not 
liance, or confederation; grant letters ofmaketrea- 
marque and reprisal; coin money; emit bills ties * 
of credit; make any thing but gold and silver 
coin a tender in payment of debts; pass any 
bill of attainder, ex post facto law, or law 



12 



CONSTITUTION. 



{Art. 2. 



impairing the obligation of contracts, or 
grant any title of nobility. 
States, not No State shall, without the consent of the 
lay imposts, Congress, lay any imposts or duties on im- 
ports or exports, except what may be abso- 
lutely necessary for executing its inspection 
laws: and the nett produce of all duties and 
imposts, laid by any State on imports or ex- 
ports, shall be for the use of the Treasury of 
the United States; and all such laws shall be 
subject to the revision and control of the Con- 
gress. 

No State shall, without the consent of Con- 
gress, lay any duty of tonnage, keep troops, 
or ships of war in time of peace, enter into 
any agreement or compact with another State, 
or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II. 



Or tonnage, 
fee. 



SECTION I. 

Executive The executive power shall be vested in a 
power. President of the United States of America. 

He shall hold his office during the term of 
four years, and, together with the Vice-Pre- 
sident, chosen for the same term, be elected 
as follows 
Electors, Each State shall appoint, in such manner 

how ap- as the Legislature thereof may direct, a num- 
pomted. k er f e i ec tors, equal to the whole number 
of Senators and Representatives to which the 
State may be entitled in the Congress: but no 
Senator or Representative, or person holding 
an office of trust or profit under the United 
States, shall be appointed an elector. 



**lrt. 2.] CONSTITUTION* IS 

The electors shall meet in their respective Electors 
States, and vote by ballot for two persons, of meet, 
whom one at least shall not be an inhabitant 
of the same State with themselves. And they 
shall make a list of all the persons voted for, 
and of the number of votes for each; which Proceed- 
list they shall sign and certify, and transmit m % s * 
sealed to the seat of the government of the 
United States, directed to the President of 
the Senate. The President of the Senate 
shall, in the presence of the Senate and House 
of Representatives, open all the certificates, 
and the votes shall then be counted. The 
person having the greatest number of votes 
shall be the President, if such number be a 
majority of the whole number of electors 
appointed; and if there be more than one who 
have such majority, and have an equal num- 
ber of votes, then the House of Representa- 
tives shall immediately choose, by ballot 
one of them for President; and if no person 
have a majority, then from the five highest 
on the list the said House shall, in like man- 
ner, choose the President But in choosing 
the President, the votes shall be taken by 
States, the representation from each State 
having one vote; a quorum for this purpose 
shall consist of a member or members from 
two-thirds of the States, and a majority of all 
the States shall be necessary to a choice. In 
every case, after the choice of the President, 
the person having the greatest number of votes 
of the electors shall be the Vice-President. 
But if there should remain two or more who 
have equal votes, the Senate shall choose from 
them by ballot the Vice-President. 



14 



CONSTITUTION 



[Art. 2 



Day electors 
meet. 



Qualifica- 
tions of Pre- 
sident of the 
U. States. 



Removal of 
President 
V. States in 
case. 



President 
U. States' 
compensa- 
tion. 



Oath. 



The Congress may determine the time of 
choosing the electors, and the day on which 
they shall give their votes; which day shall 
be the same throughout the United States. 

No person except a natural born citizen, 
or a citizen of the United States, at the time 
of the adoption of this constitution, shall be 
eligible to the office of President; neither 
shall any person be eligible to that office who 
shall not have attained to the age of thirty- 
five years, and been fourteen years a resident 
within the United States. 

In case of the removal of the President 
from office, or of his death, resignation, or in- 
ability to discharge the powers and duties of 
the said office, the same shall devolve on the 
Vice-President, and the Congress may by 
law provide for the case of removal, death, 
resignation, or inability, both of the President 
and Vice-President, declaring what officer 
shall then act as President, and such officer 
shall act accordingly, until the disability be 
removed, or a President shall be elected. 

The President shall, at stated times, re- 
ceive for his services, a compensation, which 
shall neither be increased or diminished dur- 
ing the period for which he shall have been 
elected, and he shall not receive within that 
period any other emolument from the United 
States, or any of them. 

Before he enter on the execution of his 
office, he shall take the following oath or af- 
firmation: — 

" I do solemnly swear (or affirm) that I 
will faithfully execute the office of President 
of the United States, and will to the best of 



idrt. 2.] CONSTITUTION. 15 

my ability, preserve, protect and defend the 
constitution of the United States." 

SECTION II. 

The President shall be commander in chief President 
of the army and navy of the United States, u * states* 
and of the militia of the several States, when po 
called into the actual service of the United 
States; he may require the opinion, in writ- 
ing, of the principal officer in each of the ex- 
ecutive departments, upon any subject relat- 
ing to the duties of their respective offices; 
and he shall have power to grant reprieves 
and pardons for offences against the United 
States, except in cases of impeachment. 

He shall have power, by and with the ad- Make trea- 
vice and consent of the Senate, to make trea- ties » 
ties, provided two-thirds of the Senators pre- 
sent concur; and he shall nominate, and by 
and with the advice and consent of the Senate, 
shall appoint ambassadors, other public min- 
isters and consuls, judges of the supreme 
court, and all other officers of the United Appoint of- 
States, whose appointments are not herein ficers. 
otherwise provided for, and which shall be 
established bylaw: But the Congress may 
by law vest the appointment of such inferior 
officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of 
departments. 

The President shall have power to fill up Vacancies 
all vacancies that may happen during the re- in office, 
cess of the Senate, by granting commissions 
which shall expire at the end of their next 
session. 



-$ CONSTITUTION. [Art. o. 

SECTION HI. 

President He shall from time to time give to the 

dmief teS Congress information of the state of the Union, 
and recommend to their consideration such 
measures as he shall judge necessary and ex- 
pedient: he may, on extraordinary occasions, 
convene both Houses, or either of them, and, 
in case of disagreement between them, with 
respect to the time of adjournment, he may 
adjourn them to such time as he shall think 
proper; he shall receive ambassadors and 
other public ministers: he shall take care that 
the laws be faithfully executed, and shall 
commission ail the officers of the United 
States. 

SECTION IV. 

Officers re- The President, Vice-President and all ci- 

movable by v y officers of the United States, shall be re- 

impeach- movec l from office on impeachment for, and 
men& . . ,, , v, , 7 , . , 

conviction oi, treason, bribery, or other high 

crimes and misdemeanors. 



ARTICLE III. 

SECTION I. 

Judicial The judicial power of the United States, 

powers and shall be vested in one Supreme Court, and in 
tenure of sucn inferior courts as the Congress may 
^ e: " from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, 
shall hold their offices during good behaviour, 
and shall, at stated times, receive for their 
services, a compensation, which shall not be 
diminished during their continuance in office, 



Art. 3. J CONSTITUTION. 17 



SECTION II. 

The judicial power shall extend to all cases Judicial 

in law and equity, arising under this con- P ow . er ex " 

•^ o # Tension t 

stitution, the laws of the United States, and 

the treaties made, or which shall be made, 
under their authority; to all cases — affecting 
ambassadors, other public ministers, and con- 
suls; — to all cases of admiralty and maritime 
jurisdiction;— to controversies to which the 
United States shall be a party; — to controver- 
sies between two or more States; — between a 
State and citizens of another State; — between 
citizens of different States, — between citizens 
of the same State claiming lands under grants 
of different States, and between a State or the 
citizens thereof, and foreign States, citizens 
or subjects. 

In all cases affecting ambassadors, other Supreme 
public ministers and consuls, and those in ^^V^ 15 
which a State shall be a party, the supreme 
court shall have original jurisdiction. In all 
the other cases before-mentioned, the supreme 
court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and 
under such regulations, as the Congress shall 
make. 

The trial of all crimes, except in cases of Trials by ju- 
impeachment, shall be by jury; and such trial r ^* 
shall be held in the State where the said 
crimes shall have been committed; but when 
not committed within any State, the trial 
shall be at such place or places as the Con- 
gress may by law have directed. 
2* 



IS 



CONSTITUTION 



[Art 4. 



SECTION III. 

Treason. Treason against the United States, shall 

consist only in levying war against them, or 
in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted 
of treason unless on the testimony of two 
witnesses to the same overt act, or on con- 
fession in open court. 

Attainder. The Congress shall have power to declare 
the punishment of treason, but no attainder 
of treason shall work corruption of blood, or 
forfeiture except during the life of the per- 
son attainted. 

ARTICLE IV. 



i of 
States ac- 
credited. 



SECTION I. 

Full faith and credit shall be given in each 
State to the public acts, records, and judicial 
proceedings of every other State. And the 
Congress may by general laws prescribe the 
manner in which such acts, records and pro- 
ceedings shall be proved, and the effect there- 
of. 



Citizens' 

privileges. 

Persons 
charged 

with crimes 

-eeing*. 



SECTION II. 

The citizens of each State shall be entitled 
to all privileges and immunities of citizens in 
the several States. 

A person charged in any State with trea- 
son, felony, or other crime, who shall flee 
from justice, and be found in another State, 
shall on demand of the executive authority 
of the State from which he fled, be delivered 
up, to be removed to the State having juris- 
diction of the crime- 



Art. 5.] CONSTITUTION. 19 

f No person held to service or labor in one 
State under the laws thereof, escaping into 
another, shall, in consequence of any law or 
regulation therein, be discharged from such 
service or labor, but shall be delivered up on 
claim of the party to whom such service or 
labor may be due. 

SECTION III. 

New States may be admitted by the Con- New States 
gress into this Union; but no new State shall admitted, 
be formed or erected within the jurisdiction 
of any other State; nor any State be formed 
by the junction of two or more States, or parts 
of States, without the consent of the Legisla- 
ture of the States concerned as well as of the 
Congress. 

The Congress shall have power to dispose Territory of 
of and make all needful rules and regulations u - states » 
respecting the territory or other property be- 
longing to the United States; and nothing in 
this constitution shall be so construed as to 
prejudice any claims of the United States, or 
of any particular State. 

SECTION IV. 

The United States shall guaranty to every Republican 
State in this Union a republican form of go- form * 
vernment, and shall protect each of them 
against invasion; and on application of the 
legislature, or of the executive (when the le- 
gislature cannot be convened) against domes- 
tic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both m ^g " now 
Houses shall deem it necessary, shall propose attained. 



20 CONSTITUTION. [Art. 6. 

amendments to this constitution, or, on the 
application of the legislatures of two-thirds of 
the several States, shall call a convention for 
proposing amendments, which in either case, 
shall be valid to all intents and purposes, as 
part of this constitution, when ratified by the 
legislatures of three-fourths of the several 
States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratifi- 
cation may be proposed by the Congress; pro- 
vided that no amendment which may be made 
prior to the year one thousand eight hundred 
and eight shall in any manner affect the first 
and fourth clauses in the ninth section of the 
first article: and that no State without its con- 
sent, shall be deprived of its equal suffrage in 
the Senate. 

ARTICLE VI. 

Debts prior All debts contracted and engagements en- 
to adoption tered into, before the adoption of this constitu- 
constitution. ^ shall be ^ YgLUd a g ainst the United 

States under this constitution, as under the 
confederation. 
Treaties law This constitution, and the laws of the Uni- 
of land. ted States which shall be made in pursuance 
thereof; and all treaties made, or which shall 
be made, under the authority of the United 
States, shall be the supreme law of the land ; 
and the judges in every State shall be bound 
thereby, any thing in the constitution or laws 
of any State to the contrary notwithstand- 
ing. 
Oath or af- The Senators and Representatives before- 
firmation to mentioned, and the members of the several 
members. State legislatures, and all executive and ju- 
dicial officers, both of the United States and 



Srt. 7.] CONSTITUTION. 21 

of the several States, shall be bound by oath 
or affirmation, to support this constitution: 
but no religious test shall ever be required as 
a qualification to any office or public trust un- 
der the United States. 

ARTICLE VII. 

The ratification of the conventions of nine Ratification, 
States, shall be sufficient for the establishment 
of this constitution between the States so rati- 
fying the same. 

Done in convention by the unanimous con- 
sent of the States present the seventeenth 
day of September in the year of our Lord 
one thousand seven hundred and eighty- 
seven and of the independance of the Uni- 
ted States of America the twelfth. In wit- 
ness whereof we have hereunto subscrib- 
ed our names. 

G°. WASHINGTON, 

President, and Deputy from Virginia. 

New-Hampshire. Pennsylvania. 

John Langdon, Benjamin Franklin, 

Nicholas Gilman. Thomas Mifflin, 

Massachusetts. Robert Morris, 

Nathaniel Gorham, George Clymer, 

Rufus King. Thomas Fitzsimons, 

Connecticut. Jared Ingersoll, 
William Samuel Johnson, James Wilson, 

Roger Sherman. Gouverneur Morris. 

New- York. Delaware. 

Alexander Hamilton. George Reed, 

New-Jersey. Gunning Bedford, jun. 

William Livingston, John Dickinson, 

David Brearley, Richard Bassett, 

William Patterson, Jacob Broom, 
Jonathan Dayton. 



22 CONSTITUTION. 

Maryland. Hugh Williamson. 

James M 'Henry, South-Carolina., 

Daniel of St. Tho. Jenifer, John Rutledge, 
Daniel C arroll. C harle s C . P in ckney, 

Virginia. Charles Pinckney, 

John Blair, Pierce Butler. 

James Madison, jr. Georgia. 

North-Carolina. Wilham Few, 

William Blount, Abraham Baldwin. 

Richard Dobbs Spaighi. 

Attest; WILLIAM JACKSON, 

Secretary 



IN CONVENTION. 

Monday, September 11 th, 1787. 

Present— The State of New Hampshire, 
Massachusetts, Connecticut, Mr. Hamil- 
ton from New York, New Jersey, Pennsyl- 
vania, Delaware, Mar} r land, Virginia, North 
Carolina, South Carolina, and Georgia. 
Resolved, That the preceding Constitution 
be laid before the United States in Congress 
assembled, and that it is the opinion of this 
Convention, that it should afterwards be sub- 
mitted to a Convention of delegates, chosen 
in each State by the people thereof, under the 
recommendation of its Legislature, for their 
assent and ratification : and that each Conven- 
tion assenting to, and ratifying the same, 
should give notice thereof to the United States 
in Congress assembled. 

Resolved, That it is the opinion of this 
Convention, that, as soon as the Conventions 
of nine States shall have ratified this Consti- 
tution, the United States in Congress assem- 
bled should fix a day on which electors should 



CONSTITUTION. 23 

be appointed by the States which shall have 
ratified the same, and a day on which electors 
should assemble to vote for the President, and 
the time and place for commencing proceed- 
ings under this Constitution. That after such 
publication, the electors should be appointed, 
and the Senators and Representatives elected: 
That the electors should meet on the day fix- 
ed for the election of the President, and should 
transmit their votes certified, signed, sealed 
and directed, as the Constitution requires, to 
the Secretary of the United States in Con- 
gress assembled, that the Senators and Re- 
presentatives should convene at the time and 
place assigned ; that the Senators should ap- 
point a President of the Senate, for the sole 
purpose of receiving, opening and counting 
the votes for President; and, that after he 
shall be chosen, the Congress, together with 
the President, should, without delay, proceed 
to execute this Constitution. 

By the unanimous order of the Convention, 
G°. WASHINGTON, 

Presid't. 

W. Jackson, Secretary. 



IN CONVENTION. 

September 17/A, 1787. 

Sir: We have now the honor to submit to 
the consideration of the United States in Con- 
gress assembled, that Constitution which has 
appeared to us the most advisable. 

The friends of our country have long seen 
and desired that the power of making war, 



24 CONSTITUTION. 

peace, and treaties; that of levying money, 
and regulating commerce, and the correspon- 
dent executive and judicial authorities, should 
be fully and effectually vested in the general 
government of the Union; but the impropri- 
ety of delegating such extensive trust to one 
body of men is evident — hence results the 
necessity of a different organization. 

It is obviously impracticable in the federal 
government of these States, to secure all 
rights of independent sovereignty to each, 
and yet provide for the interest and safety of 
all. Individuals entering into society must 
give up a share of liberty to preserve the rest. 
The magnitude of the sacrifice must depend 
as well on situation and circumstance, as on 
the object to be obtained. It is at all times 
difficult to draw with precision the line be- 
tween those rights which must be surrender- 
ed, and those which may be reserved; and, 
on the present occasion, this difficulty was 
increased by a difference among the several 
States as to their situation, extent, habits, and 
particular interests. 

In all our deliberations on this subject, we 
kept steadily in our view that which appears 
to us the greatest interest of every true Ameri- 
can, the consolidation of our Union, in which 
is involved our prosperity, felicity, safety — 
perhaps our national existence. This import- 
ant consideration, seriously and deeply im- 
pressed on our minds, led each State in the 
convention to be less rigid on points of inferior 
magnitude, than might have been otherwise 
expected; and thus, the constitution which we 
now present, is the result of a spirit of amity, 
and of that mutual deference and concession, 



CONSTITUTION. 25 

Which the peculiarity of our political situa- 
tion rendered indispensable. 

That it will meet the full and entire appro- 
bation of every State, is not perhaps to be ex- 
pected; but each will doubtless consider, that 
had her interest alone been consulted the con- 
sequences might have been particularly disa- 
greeable or injurious to others; that it is lia- 
ble to as few exceptions as could reasonably 
have been expected, we hope and believe; 
that it may promote the lasting welfare of that 
country so dear to us all, and secure her free- 
dom and happiness, is our most ardent wish. 
With great respect, we have the honor to be, 
sir, yourExcellency'smostobedient and hum- 
ble servants. By the unanimous order of 
the Convention: 

G°- WASHINGTON, Presid't. 

His Excellency the President of Congress, 



THE UNITED STATES IN CONGRESS ASSEMBLED. 

Friday, September 28th, 1787. 

Present — New Hampshire, Massachusetts, 
Connecticut, New York, New Jersey, Penn- 
sylvania, Delaware, Virginia, North Caro- 
lina, South Carolina, and Georgia; and 
from Maryland, Mr. Ross. 

Congress having received the report of 
the Convention lately assembled in Philadel- 
phia, 

Resolved, unanimously ', That the said re- 
port, with the resolutions and letter accompa- 
nying the same, be transmitted to the seve- 
ral legislatures, in order to submit to a con- 
3 



26 constitution. [Amend's. 

vention of delegates, chosen in each State by 
the people thereof, in conformity to the re- 
solves of the convention, made and provided 
in that case. 

Charles Thompson, Secretary* 



AMENDMENTS. 

Article the Fmst. 

Congress shall make no law respecting an 
establishment of religion, or prohibiting the 
free exercise thereof; or abridging the free- 
dom of speech, or of the press; or the right 
of the people peaceably to assemble, and to 
petition the government for a redress of griev- 
ances. 

Article the Second. 

A well regulated militia being necessary to 
the security of a free State, the right of the 
people to keep and bear arms shall not be in- 
fringed. 

Article the Third. 

No soldier shall, in time of peace, be quar- 
tered in any house without the consent of the 
owner, nor in time of war but in a manner 
to be prescribed by law. 

Article the Fourth. 

The right of the people to be secure in their 
persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not 
be violated; and no warrants shall issue but 
upon probable cause, supported by oath or 
affirmation, and particularly describing the 
place to be searched, and the persons or things 
to be seized. 



%lmend's.~\ constitution. 27 

Article the Fifth. 

No person shall be held to answer for a 
capital or otherwise infamous crime, unless 
on a presentment or indictment of a grand 
jury, except in cases arising in the land or 
naval forces, or in the militia when in actual 
service, in time of war or public danger; nor 
shall any person be subject, for the same of- 
fence to be twice put in jeopardy of life or 
limb; nor shall be compelled in any criminal 
case to be a witness against himself; nor be 
deprived of life, liberty, or property, with- 
out due process of law; nor shall private pro- 
perty be taken for public use without just 
compensation. 

Article the Sixth. 

In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public 
trial, by an impartial jury of the State and 
district wherein the crime shall have been 
committed, which district shall have been 
previously ascertained by law; and to be in- 
formed of the nature and cause of the accusa- 
tion; to be confronted with the witnesses 
against him; to have compulsory process for 
obtaining witnesses in his favor; and to have 
the assistance of counsel for his defence. 

Article the Seventh. 

In suits at common law, where the value in 
controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved; and 
no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, 
than according to the rules of the common law, 



28 constitution. [Amend' s. 

Article the Eighth. 

Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Article the Ninth. 

The enumeration in the constitution of cer- 
tain rights shall not be construed to deny or 
disparage others retained by the people. 

Article the Tenth. 

The powers not delegated to the United 
States by the constitution, nor prohibited by 
it to the States, are reserved to the States re- 
spectively, or to the people. 

Article the Eleventh. 

The judicial power of the United States 
shall not be construed to extend to any suit 
in law or equity commenced or prosecuted 
against one of the United States by citizens 
of another State, or by citizens or subjects of 
any foreign State. 

Article the Twelfth. 

The electors shall meet in their respective 
States, and vote by ballot for President and 
Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with 
themselves; they shall name in their ballots 
the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-Pre- 
sident; and they shall make distinct lists of 
all persons voted for as President, and of all 
persons voted for as Vice-President, and of 



JlmencPs.~\ constitution. 29 

the number of votes for each; which lists they 
shall sign and certify, and transmit sealed to 
the seat of the government of the United 
States, directed to the President of the Senate: 
the President of the Senate shall, in presence 
of the Senate and House of Representatives, 
open all the certificates, and the votes shall 
then be counted: the person having the great- 
est number of votes for President shall be the 
President, if such number be a majority of 
the whole number of electors appointed; and 
if no person have such majority, then, from 
the persons having the highest numbers, not 
exceeding three, on the list of those voted for 
as President, the House of Representatives 
shall choose, immediately, by ballot, the Pre- 
sident. But, in choosing the President, the 
votes shall be taken by States, the representa- 
tion from each State having one vote; a quo- 
rum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States, 
and a majority of all the States shall be ne- 
cessary to a choice. And if the House of 
Representatives shall not choose a President 
whenever the right of choice shall devolve 
upon them, before the fourth day of March 
next following, then the Vice-President shall 
act as President as in the case of the death 
or other constitutional disability of the Pre- 
sident. 

The person having the greatest number of 
votes as Vice-President shall be the Vice- 
President, if such number be a majority of the 
whole number of electors appointed; and if no 
person have a majority, then, from the two 
highest numbers on the list, the Senate shall 
3* 



30 constitution. [Amend' s> 

choose the Vice-President: a quorum for the 
purpose shall consist of two-thirds of the 
whole number of Senators, and a majority of 
the whole number shall be necessary to a 
choice. 

But no person constitutionally ineligible to 
the office of President, shall be eligible to that 
of Vice-President of the United States 



INDEX 



TO THE 

CONSTITUTION OF THE UNITED STATES. 



tart 


, Sec. Page. 


4 
5 
1 
1 


1 18 
1 19-20 
9 11 
9 11 



A. 



Acts, records, and judicial proceedings of each State, 
entitled to faith and credit in other States 

Amendments to the Constitution, how made 

Appropriations by law. — See Treasury 

Attainder, bill of, prohibited - 

Attainder, of treason, shall not work corruption of 
blood or forfeiture, except during the life 
of the person attainted - - -33 18 

B. 

Bills for raising revenue, shall originate in the House 

of Representatives - - --IT 7 

before they become laws, shall be passed by both 
Houses, and approved by President; or, if dis- 
approved, shall be passed by two-thirds of 
each House - - - --17 7-8 

not returned in 10 days, unless an adjournment 

intervene, shall be considered as approved -17 8 



C. 

Capitation tax. — See Tax- - • - 1 9 11 

Census, or enumeration, to be made every ten years 12 4 

Claims of the United States, or of the several States, 
not to be prejudiced by any construction of 
the Constitution - - - 4 3 19 

Citizens of each State, shall be entitled to the privi- 
leges and immunities of citizens in the several 
States - - - * - 4 2 18 



32 INDEX TO THE CONSTITUTION. 

Art. Sec Page. 
Commerce, regulations respecting", to be equal and uni- 
form - - - - 1 9 11 
Congress, vested with Legislative power - - 1 1 3 
may alter the regiilations of State Legisla- 
tures concerning 1 elections of Senators 
and Representatives, except as to place of 
choosing Senators - - 1 4 6 
shall assemble once every year - 1 4 6 
may provide for cases of removal of President 

and Vice-President - - 2 1 14 

may determine the time of choosing electors 

of President and Vice-President 2 1 12 

may invest the appointment of inferior of- 
ficers in the President alone, in the courts 
of law or the Heads of Departments 2 2 15 

may, from time to time, establish Courts in- 
ferior to the Supreme Court - 3 1 16 
may, (with one limitation) declare the pu- 
nishment of treason - - 3 3 18 
may prescribe the manner of proving* the 
acts, records, and judicial proceeding's of 
each State - - - - 4 1 18 
the assent of, required to the formation of a 
new State within the jurisdiction of any 
other, or by the junction of two or more 4 3 19 
may propose amendments to Constitution, 

or, on application, call a Convention 5 1 19 

the assent of, required to the admission of 

new States into the Union - 4 3 19 

Powers of — 
to lay and collect duties on imposts and ex- 
cises - - - - -188 
to borrow money - - - 1 8 9 
to regulate commerce - - 1 8 9 
to establish uniform laws of bankruptcy and 

naturalization - - - - 1 8 9 

to coin money, regulate the value of coin, 
and fix a standard of weights and mea- 
sures - - - - -189 
to punish counterfeiting - 1 8 9 
to establish post offices and post roads 1 8 9 
to authorize patents to authors and inventors 18 9 
to constitute tribunals inferior to the Su- 
preme Court - - - - 1 8 9 
to define and punish piracies, felonies on 
the high seas, and offences against the 
laws of nations - - - 1 8 9 



1 


8 


9 


1 


8 


9 


1 


8 


9 


1 


8 


9 


1 


8 


9 


1 


8 


10 



INDEX TO THE CONSTITUTION. 33 

Art. Sec. Page 
Congress, powers of— 

to declare war, grant letters of marque, and 

make rules concerning captures 
to raise and support Armies 
to provide and maintain a Navy - 
to make rules for the government of the 

Army and Navy ... 

to call for the militia in certain cases 
to organize, arm, and discipline militia - 
to exercise exclusive legislation over ten 

miles square - - - 1 8 10 

to pass laws necessary to carry the enumerat- 
ed powers into effect - - 1 8 10 
to dispose of, and make rules concerning 
the territory or other property of the 
United States - - - - 4 3 19 
Constitution, formed by the people of the U. S., Preamble 3 
how amended - - 5 1 19 
and the laws under it, and treaties, de- 
clared to be the supreme law 6 1 20 
rendered operative by the ratification of 

the Conventions of nine States 7 1 21 

Conventions, for proposing amendments to Constitu- 
tion - - - - 5 1 20 
Court, Supreme, its original and appellate jurisdiction 1 2 17 
Courts, inferior to the Supreme Court, may be ordained 

by Congress - - - 3 1 16 

Crimes, persons accused of, fleeing from justice, may 

be demanded - - - 4 2 18 



D. 

Debts, against the Confederation, to be valid against 

the United States, under this Constitution 6 1 20 

Duties, on exports prohibited - - 1 9 11 

on imports and exports, imposed by States, 
shall enure to the Treasury of the United 
States - - - - . 1 10 12 

E. 

Elections, of Senators and Representatives, shall be 
prescribed by the State Legislatures, as to 
time, place, and manner - 1 4 6 

qualifications and returns of members of Con- 
gress, to be determined by each House 15 6 



b'4 INDEX TO THE CONSTITUTION. 

Art Sec. Page. 
Electors of President and Vice-President, how chosen, 

and their duties - - 2 1 12-13 

and 12th Amendment 
shall vote the same dav throughout the Unit- 
ed States - - - - 2 1 12 
no Senator or Representative holding 1 office 

under the United States, shall serve as 2 1 12 
Enumeration. — See Census. 12 4 

Executive Power shall be vested in a President. — 2 1 12 

See President. 
Exports. — See Tax. 

and imports, duties on by States, to be pay- 
able into the Treasury of the United States 1 10 12 
Ex post facto Law, none shall be passed - 1 9 11 

H. 

Habeas Corpus, writ of, can only be suspended in cases 

of rebellion or invasion - 1 9 11 

House of Representatives. — See Representatives, 
House, — See Senate, 



Impeachment, all civil officers liable to - 2 4 16 

persons found guilty by, liable to indict- 
ment, and punishment for the offence 13 5 
Importation of Slaves, until prohibited, a duty autho- 
rized on after 1808 - - 1 9 10 

J. 

Judges, shall hold their offices during good behaviour 3 1 16 
The compensations of, shall not be diminished 

during continuance in office - 3 1 16 

Judicial Power, vested in a Supreme Court, and Courts 

inferior - - - 3 1 16 

the cases to which it extends 3 2 17 

Judicial Proceedings, records and acts of each State, 
are entitled to faith and credit 
in every other State - 4 1 18 

Jury Trial shall be held in the State where the crime 

shall have been committed - 3 2 17 

if the crime have not been committed with- 
in a State, the trial shall be held at the 
place Congress shall have directed 3 2 17 



INDEX TO THE 60NSTITTTTI0K. 35 

Art. Sec. Page* 
Jury, trial by, secured, in prosecutions for all wimes, 

except in cases of impeachment - 3 2 17 

and in suits at Common Law where the value in 
controversy shall exceed 20 dollars, 7th 
Amendment .... 27 

L. 

Law, Supreme, the Constitution, the Laws under it, 

and Treaties declared. to be - 6 1 20 

Legislative Powers, vested in Congress. — See Congress, 118 

M. 

Money shall be drawn from the Treasury, only by 

laws appropriating - - 1 9 11 



N. 

Nobility, titles of, shall not be granted by the United 

States ... 1 9 11 



O. 

Officers of the Senate, except their President, shall be 

chosen by the Senate - - 1 3 5 

civil, may be removed by impeachment 2 4 16 

Order of one House, requiring the concurrence of the 

other. — See Resolution. 17 8 



P. 

Persons held to labor or service, their importation or 
migration into the United States may be 
prohibited after 1808, - - - 1 9 10 

escaping from one State to another, shall be 

delivered up to those entitled to service, 4 2 19 

Powers, not delegated, are reserved to the people, or, 

when not prohibited, to the States, 10th 

Amendment, - - 28 

Legislative. — See Congress, - - 1 1 3 

Executive. — See President, 2 1 12 

Judicial. — See Judicial, *> 3 1 16 



1 


9 


11 


2 




12 


2 
2 




12 
12 


2 




14 


2 




14 


2 




14 


2 


4 


16 


2 


2 


15 


2 


2 


15 


2 


2 


15 


2 


2 


15 



36 INDEX TO THE CONSTITUTION. 

Art. Sec. Page 
Presents, emoluments, office, or title, from a foreign 
king-, prince, or state, to persons holding 
offices of profit or trust, prohibited 
President of the U. S. vested with the executive power 
shall be chosen for four years 
how elected - 
qualifications for 
compensation of - 
shall take an oath of office 
may be removed by impeachment 
President of the United States, powers of — 

shall be commander in chief of army and navy, 
may require the written opinions of the heads 

of departments ... 

may reprieve and pardon 
may make treaties, with consent of the Senate, 
may appoint to office, with the consent of the 

Senate - - - 2 2 

shall fill up vacancies happening during the 

recess of the Senate - - - 2 2 

President of the United States, duties of — 

shall give information to Congress, and re- 
commend measures - - - 2 3 
may convene both Houses, or either House 2 3 
may adjourn them in case of disagreement 2 3 
shall receive ambassadors and public ministers 2 3 
shall take care that the laws be faithfully ex- 
ecuted - - - 2 3 
shall commission all officers of the United 

States - - - - - 2 3 

in case of death, &c, shall devolve on the 
Vice-President and on such other officer as 
may be provided by law - 2 1 

Privileges and immunities of citizens of States. — See 

Citizens. 
Property shall not be taken for public use, without 
just compensation ; 5th Amendment 

Q. 

Quorum, what shall be, for business - - 1 5 

of States, in choosing a President by the 

JHouse of Representatives - - 2 1 



INDEX TO THE CONSTITUTION. 37 

R. 

Art. Sec. Page 
Receipts and expenditures, accounts of, to be published, 1 9 11 
Records. — See Judicial Proceedings. 4 1 18 

Representatives, House of, composed of members cho- 
sen every second year - 1 2 3 
qualifications of the electors of its mem- 
bers - - - - 1 2 3 
qualifications of members - - 1 2 3 
shall not exceed one for 30,000, - 1 2 4 
shall choose their Speaker and other 

officers • - - 1 2 4 

shall have the power of impeachment, 12 4 
shall be the judge of the returns, elec- 
tions and qualifications of its mem- 
bers - - - - 1 5 6 
what shall be a quorum of - 1 5 6 
any number may adjourn, and compel 

the attendance of absentees 1 5 6 

may determine the rules of proceeding", 15 6 
may punish or expel a member - 1 5 6 
shall keep a journal, and publish the 
same, except the parts requiring- se- 
crecy - - - 1 5 6 
shall not adjourn for more than three 
days, nor to any other place, with- 
out the consent of the Senate, - 1 5 6-7 
one-fifth of present may require the 

yeas and nays - - - 1 5 6 

shall originate bills for raising revenue, 17 7 
shall receive a compensation, to be as- 
certained by law - -16 7 
privileged from arrest during attend- 
ance, and in going and returning", ex- 
cept in certain cases - -16 7 
shall not be questioned elsewhere for 

any speech or debate in the House, 16 7 
shall not be appointed to the offices 
created, or whose compensations 
shall have been increased, during 
the time for which they are elected 16 7 
can, whilst serving, hold no office un- 
der the United States - -16 7 
shall not serve as primary electors of 

President - - 2 1 12 

Representatives and direct taxes apportioned accord- 
ing to numbers, - - 1 2 3 
4 



38 INDEX TO THE CONSTITUTION. 

Art Sec. Page, 
Representation of a State, vacancies in, supplied until 
a new election by the Executive autho- 
rity thereof - - 1 2 4 
Resolution, order, or vote, requiring' the concurrence 
of both Houses, [except for an adjourn- 
ment,] shall be presented to the President, 
and undergo the formalities of bills 17 8 
Revenue. — See Vessels. 
Rights of the Citizen declared to be — 

liberty of conscience in matters of reli- 
gion. Amendment, 1 26 

freedom of speech and of the press 1 26 

to assemble and petition 1 26 

to keep and bear arms 2 26 

to be exempt from the quartering of sol- 
diers, in any house, in time of peace, 
without the consent of the owner; and 
in time of war, unless prescribed by 
law - - - - *3 26 

to be secure from unreasonable searches 

and seizures ... 4 26 

to be free, except in the army, navy, 
and militia, from answering for a capi- 
tal or otherwise infamous crime, un- 
less on presentment or indictment of a 
grand jury - - 5 26-27 

not to be twice jeopardized for the same 
offence 5 27 

nor to be compelled, in criminal cases, 

to be a witness against himself - 5 27 

not to be deprived of life, liberty, or 

property, without due course of law 5 27 

private property shall not be taken for 

public use without just compensation 5 27 

that the accused, in criminal prosecu- 
tions, shall enjoy the right of a speedy 
public trial by an impartial jury of the 
vicinage; and the means necessary for 
his defence - - 6 27 

that, in civil cases, facts tried by a jury 
shall only be re-examined according 
to the rules of the common law 7 27 

that, in suits at common law, where the 
value shall exceed twenty dollars, the 
right of trial by jury shall be preserved 7 27 



INDEX TO THE CONSTITUTION. 



$9 



Rights of the Citizen Amend, page, 

that excessive bail shall not be required, 
excessive fines imposed, nor cruel or 
unusual punishments inflicted 8 27 

that the enumeration of certain rights 
shall not operate constructively against 
the retained rights 9 28 

Art. Sec. Page. 
Rules, each house shall determine its own - 1 5 6 

S. 



Senate of the United States, composed of two Senators 

from each State 

how chosen, classed, and terms 
of service 

qualifications of members, 30 
years of age, 9 years a citi- 
zen, and an inhabitant of 
the State 

shall choose their officers, ex- 
cept the President 

shall be the judge of the elec- 
tions, returns, and qualifica- 
tions of its members 

what number shall be a quo- 
rum ... 

any number may adjourn, and 
compel attendance of ab- 
sentees 

may determine its rules 

may punish or expel a member 

shall keep a journal, and pub- 
lish the same, except parts 
requiring secrecy 

shall not adjourn for more than 
three days, nor to any other 
place, without the consent 
of the other House 

one-fifth of present, may re- 
quire the yeas and nays 

may propose amendments to 
bills for raising revenue 

shall try impeachments 

their judgments only to ex- 
tend to removal from of- 
fice, and to disqualify for 
any other 



3 4-5 



5 6-7 



40 INDEX TO THE CONSTITUTION. 

Senate of the United States Art. sec. Page, 

members of, shall receive a 
compensation to be ascer- 
tained by law - 1 6 7 
privileged from arrest -16 7 
shall not be questioned else- 
where for any speech or 
debate in the House - 1 6 
shall not be appointed to of- 
fices of the United States, 
created, or whose emolu- 
ments shall have been in- 
creased during the terms 
for which they were elect- 
ed - - - 1 6 f 
Senators and Representatives, elections of, how pre- 
scribed - -14 6 
Senator shall not be an Elector of President 2 1 12 
Slaves. — See Persons held to service. 

Speaker, how chosen - - - -12 4? 

States, prohibited from 

entering into any treaty, alliance or confede- 
ration .... 
granting letters of marque 
coining money - 
emitting bills of credit - 
making any thing a tender but gold and sil- 
ver coin 
passing bills of attainder, ex post facto laws, 

or laws impairing contract 
granting titles of nobility 
laying impost, or duties on imports and ex- 
ports for their own use - 1 10 12 
laying duties on tonnage without the consent 

of Congress, - - - - 1 10 12 

keeping troops, or ships of war, in time of 

peace - - - - - 1 10 12 

entering into any agreement or contract with 

another State, or a foreign power, - 1 10 12 

engaging in war, unless invaded or in immi- 
nent danger - - - 1 10 12 
States, new, may be admitted into the Union, 4 3 19 
may be formed within the jurisdiction of 
others, or by the junction of two or more, 
with the consent of Congress and the Le- 
gislatures concerned = - 4 3 19 



1 


10 


11 


X 


10 


11 


1 


10 


11 


1 


10 


11 


1 


10 


11 


1 


10 


11 


1 


10 


12 



INDEX TO THE CONSTITUTION. 41 

Art. Sec. Page. 



6 1 20 



States, Judges of, bound to consider treaties, the 
constitution, and the laws under it, as 
supreme, - 

States, majority of all, necessary to the choice of Pre- 

sident, - - - 2 1 13 

State, each, to be guarantied a republican form of 
government ; protected against invasion ; 
and secured, upon application against do- 
mestic violence - - 4 4 19 

Supreme Court. — See Court. 



T. 

Tax, capitation or direct, shall be laid only in propor- 
tion to census, - - 1 9 11 
Tax, on exports from a State, prohibited, - - 1 9 11 
Taxes, direct, shall be apportioned according to repre- 
sentation, - - - - 1 2 3 
Territory, or property belonging to United States, 

Congress may make rules concerning, 4 3 19 

Test, religious, shall not be required 7 21 

Titles.— See Nobility. - - - - 1 9 21 

TYtle, from foreign State. — See Present, - 1 9 11 

Treason, denned, - - - - - 3 3 18 

two witnesses, or confession, necessary for 

conviction, - - - -3318 

punishment of, maybe prescribed by Congress, 

with one limitation, - - 3 3 18 

Treason, or other crime, persons charged with in one 
State, fleeing into another, shall, on de- 
mand, be delivered up, - 4 2 18 
Treasury, money drawn from only by appropriation, 1 9 11 
Treaties, the supreme law, - - 6 1 20 

Y. 

Vacancies happening during the recess of the Senate, 

may be filled temporarily by the President 2 2 15 
in representation in Congress, how filled - 1 2 4 
Vessels to enter, clear, and pay duties in the States, in 
which they arrive, or from which they de- 
part - - - - - 1 9 11 
Vice-President of the United States 

to be President of the Senate, except 
when exercising the office of President 
of the United States - - - 1 3 5 

4* 



42 INDEX TO THE CONSTITUTION. 

Vice-President of the United States Art. See. Page, 

how elected - - - 2 1 13 
and 12th amendment - 

qualifications for, 12th amendment 30 
shall, in certain cases, discharge the duties 

of President - - - - 2 1 14 

may be removed by impeachment - 2 4 16 

Vote of one House, requiring* concurrence of the other, 17 8 
See Resolution. 



Warrants for searches and seizures, when and how 

they shall issue, 4th amendment - 26 

Witness, in criminal cases, no one compelled to be 
against himself, 5th amendment 



RITLJES 



POR 



CONDUCTING BUSINESS 



IN THE 



SENATE OF THE UNITED STATES. 



RULES 

FOR 

CONDUCTING BUSINESS 

IN THE 

SENATE OF THE UNITED STATES 



1. The President having taken the chair, and a 
quorum being present, the journal of the preceding day 
shall be read, to the end that any mistake may be cor- 
rected that shall be made in the entries. 

2. No member shall speak to another, or otherwise 
interrupt the business of the Senate, or read any news- 
paper, while the journals or public papers are reading, 
or when any member is speaking in any debate. 

3. Every member, when he speaks, shall address the 
chair, standing in his place, and when he has finished 
shall sit down. 

4. No member shall speak more than twice, in any 
one debate, on the same day, without leave of the Se- 
nate. 

5. When two members rise at the same time, the 
President shall name the person to speak; but in all 
cases the member who shall first rise and address the 
chair, shall speak first 

6. When a member shall be called to order, by 
the President, or a Senator, he shall sit down; and 
every question of order shall be decided by the Presi- 
dent without debate, subject to an appeal to the Senate; 
and the President may call for the sense of the Senate 
on any question of order. 

7. If the member be called to order by a Senator, 
for words spoken, the exceptionable words shall imme- 
diately be taken down in writing, that the President may 
be better enabled to judge of the matter. 



46 RULES OF THE SENATE 

8. No member shall absent himself from the service 
of the Senate, without leave of the Senate first obtained. 
And in case a less number than a quorum of the Senate 
shall convene, they are hereby authorized to send the 
sergeant-at-arms, or any other person or persons by 
them authorized, for any or all absent members, as the 
majority of such members present shall agree, at the 
expense of such absent members respectively, unless 
such excuse for non-attendance shall be made, as the 
Senate, when a quorum is convened, shall judge suffi- 
cient; and in that case the expense shall be paid out of 
the contingent fund. And this rule shall apply as well 
to the first convention of the Senate at the legal time of 
meeting, as to each day of the session, after the hour 
has arrived to which the Senate stood adjourned. 

9. No motion shall be debated until the same shall 
be seconded. 

10. When a motion shall be made and seconded, it 
shall be reduced to writing, if desired by the President, 
or any member, delivered in at the table, and read, be- 
fore the same shall be debated. 

11. When a question is under debate, no motion 
shall be received but to adjourn, to lie on the table, to 
postpone indefinitely, to postpone to a day certain, to 
commit, or to amend; which several motions shall have 
precedence in the order they stand arranged, and the 
motion for adjournment shall always be in order, and 
be decided without debate. 

12. If the question in debate contain several points, 
any member may have the same divided. 

13. In filling up blanks, the largest sum and longest 
time shall be first put. 

14. When the reading of a paper is called for, and 
the same is objected to by any member, it shall be de- 
termined by a vote of the Senate, and without debate. 

15. The unfinished business in which the Senate 
was engaged at the last preceding adjournment, shall 
have the preference in the special orders of the day. 



RULES OP THE SENATE. 47 

16. When the yeas and nays shall be called for by 
one-fifth of the members present, each member called 
upon shall, unless for special reason he be excused by 
the Senate, declare openly, and without debate, his as- 
sent or dissent to the question. In taking the yeas and 
nays, and upon the call of the House, the names of the 
members shall be taken alphabetically. 

17. When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances whatever, 
to vote after the decision is announced from the chair. 

18. On a motion made and seconded to shut the 
doors of the Senate, on the discussion of any business 
which may, in the opinion of a member, require secre- 
cy, the President shall direct the gallery to be cleared; 
and, during the discussion of such motion, the doors 
shall remain shut. 

19. No motion shall be deemed in order, to admit 
any person or persons whatsoever within the doors of 
the Senate chamber to present any petition, memorial, 
or address, or to hear any such read. 

20. When a question has been once made and car- 
ried in the affirmative or negative, it shall be in order 
for any member of the majority to move for the recon- 
sideration thereof: but no motion for the reconsidera- 
tion of any vote shall be in order after a bill, resolution, 
message, report, amendment, or motion, upon which 
the vote was taken, shall have gone out of the pos- 
session of the Senate, announcing their decision; nor 
shall any motion for reconsideration be in order, unless 
made on the same day on which the vote was taken, or 
within the two next days of actual session of the Senate 
thereafter. 

21. When the Senate are equally divided, the Secre- 
tary shall take the decision of the President. 

22. All questions shall be put by the President of 
the Senate, either in the presence or absence of the 



48 RULES OF THE SENATE. 

President of the United States, and the Senators shall 
signify their assent or dissent, by answering, ay or no. 

23. The Vice-President, or President of the Senate 
pro tempore, shall have the right to name a member to 
perform the duties of the chair; but such substitution 
shall not extend beyond an adjournment. 

24. Before any petition or memorial, addressed to 
the Senate, shall be received and read at the table, 
whether the same shall be introduced by the President 
or a member, a brief statement of the contents of the 
petition or memorial shall verbally be made by the in- 
troducer. 

25. One day's notice, at least, shall be given of an 
intended motion for leave to bring in a bill; and all bills 
reported by a committee, shall, after the first reading, 
be printed for the use of the Senate: but no other paper 
or document shall be printed for the use of the Senate, 
without special order. 

26. Every bill shall receive three readings previous 
to its being passed; and the President shall give notice 
at each, whether it be the first, second, or third ; which 
readings shall be on three different days, unless the 
Senate unanimously direct otherwise. And all resolu- 
tions proposing amendments to the Constitution, or to 
which the approbation and signature of the President 
may be requisite, or which may grant money out of the 
contingent, or any other fund, shall be treated, in all 
respects, in the introduction and form of proceedings 
on them, in the Senate, in a similar manner with bills: 
and all other resolutions shall lie on the table one day 
for. consideration, and also reports of Committees. < 

27. No bill shall be committed or amended until it 
shall have been twice read; after which it may be re- 
ferred to a committee. 

28. All bills on a second reading shall first be con- 
sidered by the Senate in the same manner as if the 
Senate were in committee of the wiiole, before they 



RULES OF THE SENATE. 49 

shall be taken up and proceeded on by the Senate agree- 
ably to the standing rules, unless otherwise ordered. 
And when the Senate shall consider a treaty, bill, or 
resolution, as in committee of the whole, the Vice-Pre- 
sident, or President pro tempore, may call a member to 
fill the chair, during the time the Senate shall remain in 
committee of the whole; and the chairman so called 
shall, during such time, have the powers of a President 
pro tempore. 

29. The final question, upon the second reading of 
every bill, resolution, constitutional amendment, or mo- 
tion, originating in the Senate, and requiring three 
readings previous to being passed, shall be, " Whether it 
shall be engrossed and read a third time?" and no 
amendment shall be received for discussion at the third 
reading of any bill, resolution, amendment, or motion, 
unless by unanimous consent of the members present: 
but it shall at all times be in order, before the final passage 
of any such bill, resolution, constitutional amendment, 
or motion, to move its commitment; and should such 
commitment take place, and any amendment be report- 
ed by the committee, the said bill, resolution, constitu- 
tional amendment, or motion, shall be again read a second 
time, and considered as in committee of the whole, and 
then the aforesaid question shall be again put. 

30. The special orders of the day shall not be called 
by the Chair before one o'clock, unless otherwise direct- 
ed by the Senate. 

31. The titles of bills, and such parts thereof only as 
shall be affected by proposed amendments, shall be in- 
serted on the journals. 

32. The proceedings of the Senate, when not acting 
as in committee of the whole, shall be entered on the 
journal as concisely as possible, care being taken to de- 
tail a true and accurate account of the proceedings: but 
every vote of the Senate shall be entered on the journal; 

^nd a brief statement of the contents of each petition? 
5 



50 RULES OF THE SENATE. 

memorial, or paper, presented to the Senate, shall also 
be inserted on the journal. 

33. The following Standing Committees, to consist of 
five members each, shall be appointed at the com- 
mencement of each session, with leave to report by- 
bill or otherwise. 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands. 

A Committee on Private Land Claims, 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on the Judiciary. 

A Committee on the Post-Office and Post Roads. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee of three members, whose duty it shall 
be to audit and control the contingent expenses of the 
Senate. 

And a Committee, consisting of three members, whose 
duty it shall be to examine all bills, amendments, resolu- 
tions, or motions, before they go out of possession of the 
Senate, and to make report that they are correctly en- 
grossed; which report shall be entered on the journal. 

34. In the appointment of the standing committees, 
the Senate will proceed, by ballot L , severally, to appoint 
the chairman of each committee, and then, by one ballot, 
the other members necessary to complete the same; and 
a majority of the whole number of votes given shall be 
necessary to the choice of a chairman of a standing 
co??i?nittee. All other committees shall be appointed 



RULES OP THE SENATE. 51 

by ballot, and a plurality of votes shall make a choice. 
When any subject or matter shall have been referred to 
a committee, any other subject or matter of a similar 
nature may, on motion, be referred to such committee. 

35. When motions are made for reference of the 
same subject to a select committee, and to a standing 
committee, the question on reference to the standing 
committee shall be first put. 

36. When nominations shall be made in writing by 
the President of the United States to the Senate, a fu- 
ture day shall be assigned, unless the Senate unanimous- 
ly direct otherwise, for taking them into consideration. 
When the President of the United States shall meet the 
Senate in the Senate Chamber, the President x)f the 
Senate shall have a chair on the floor, be considered as 
the head of the Senate, and his chair shall be assigned 
to the President of the United States. When the Senate 
shall be convened by the President of the United States 
to any other place, the President of the Senate and Se- 
nators shall attend at the place appointed. The Secretary 
of the Senate shall also attend to take the minutes of the 
Senate. 

37. Whenever a treaty shall be laid before the Se- 
nate for ratification, it shall be read a first time for in- 
formation only; when no motion to reject, ratify, or 
modify, the whole or any part, shall be received. Its 
second reading shall be for consideration, and on a sub- 
sequent day; when it shall be taken up, as in committee 
of the whole, and every one shall be free to move a 
question on any particular article, in this form: "Will 
the Senate advise and consent to the ratification of this 
article?" or to propose amendments thereto, either by 
inserting or by leaving out words; in which last case, 
the question shall be, "Shall these words stand as part 
of the article?" And in every of the said cases, the con- 
currence of two-thirds of the Senators present shall be re- 
quisite to decide affirmatively* And when through the 



5'2 RULES OP THE SENATE. 

whole, the proceedings shall be stated to the House, and 
questions shall be again severally put thereon for confir- 
mation, or new ones proposed, requiring, in like man- 
ner, a concurrence of two-thirds, for whatever is retain- 
ed or inserted; the votes so confirmed, shall, by the 
House, or a committee thereof, be reduced into the form 
of a ratification, with or without modifications, as may 
have been decided, and shall be proposed on a subse- 
quent day, when every one shall again be free to move 
amendments, either by inserting or leaving out words; 
in which last case, the question shall be, " Shall these 
words stand as part of the resolution?" And in both cases, 
the concurrence of two-thirds shall be requisite to carry 
the affirmative, as well as, on the final question, to ad- 
vise and consent to the ratification in the form agreed 
to. 

38. All confidential communications, made by the 
President of the United States to the Senate, shall be 
by the members thereof kept secret; and all treaties 
which may be laid before the Senate, shall also be kept 
secret, until the Senate shall, by their resolution, take 
off the injunction of secrecy. 

39. All information or remarks, touching or con- 
cerning the character or qualifications of any person no- 
minated by the President to office, shall be kept secret. 

40. When acting on confidential or executive busi- 
ness, the Senate shall be cleared of all persons, except 
the Secretary, the Sergeant-at-Arms and Door-keeper, 
or, in his absence, the Assistant Door-keeper. 

41. The proceedings of the Senate, when they shall 
act in their executive capacity, shall be kept in separate 
and distinct books. 

42. Extracts from the Executive Record are not to 
be furnished but by special order. 

43. When an amendment to be proposed to the 
constitution is under consideration, the concurrence of 
two-thirds of the members present shall not be requisite 



JIULES OF THE SENATE. S3 

to decide any question for amendments, or extending to 
the merits, being short of the final question. 

44. When any question may have been decided by 
the Senate, in which two-thirds of the members present 
are necessary to carry the affirmative, any member, who 
votes on that side which prevailed in the question, may 
be at liberty to move for a reconsideration; and a mo- 
tion for reconsideration shall be decided by a majority 
of votes. 

45. Messages shall be sent to the House of Repre- 
sentatives by the Secretary, who shall previously en- 
dorse the final determination of the Senate thereon. 

46. Messengers are introduced in any state of busi- 
ness, except while a question is putting, while the yeas 
and nays are calling, or while the ballots are counting. 

47. The presiding officer of the Senate shall have 
the regulation of such parts of the Capitol and of its 
passages, as are or may be set apart for the use of the 
Senate and its officers. 

48. The Secretary of the Senate, the Sergeant-at- 
Arms and Door-keeper, and the Assistant Door-keeper, 
shall be chosen on the second Monday of the first ses- 
sion of the 21st Congress, and on the same day of the 
first session of every succeeding Congress. 



- « 



JOINT RULES 

OP 

THE TWO HOUSES 



JOINT RULES 

OF 

THE TWO HOUSES. 



1. In every case of an amendment of a bill agreed 
to in one House, and dissented to in the other, if either 
House shall request a conference, and appoint a Com- 
mittee for that purpose, and the other House shall also 
appoint a Committee to confer, such Committees shall, 
at a convenient hour, to be agreed on by their chairman, 
meet in the conference chamber, and state to each other 
verbally, or in writing, as either shall choose, the rea- 
sons of their respective Houses, for and against the 
amendment, and confer freely thereon. 

2. When a message shall be sent from the Senate to 
the House of Representatives, it shall be announced at 
the door of the House by the Door-keeper, and shall be 
respectfully communicated to the chair, by the person 
by whom it may be sent. 

3. The same ceremony shall be observed, when a 
message shall be sent from the House of Representa- 
tives to the Senate. 

4. Messages shall be sent by such persons, as a sense 
of propriety in each House may determine to be proper, 

5. While bills are on their passage between the two 
Houses, they shall be on paper, and under the signa- 
ture of the Secretary or Clerk of each House, respec- 
tively. 

6. After a bill shall have passed both Houses, it shall 
be duly enrolled on parchment, by the Clerk of the 
House of Representatives, or the Secretary of the Se- 
nate, as the bill may have originated in the one or the 
other House, before it shall be presented to the Presi- 
dent of the United States. 



58 JOINT RULES' 

7. When bills are enrolled, they shall be examined 
by a Joint Committee of two from the Senate, and two 
from the House of Representatives, appointed as a 
Standing Committee for that purpose, who shall care- 
fully compare the enrolment with the engrossed 
bills, as passed in the two Houses, and, correcting any 
errors that may be discovered in the enrolled bills, 
make their report forthwith to the respective Houses. 

8. After examination and report, each bill shall be 
signed in the respective Houses, first by the Speaker 
of the House of Representatives, then by the Presi- 
dent of the Senate. 

9. After a bill shall have been thus signed in each 
House, it shall be presented by the said Committee to 
the President of the United States, for his approbation, 
it being first endorsed on the back of the roll, certify- 
ing in which House the same originated; which endorse- 
ment shall be signed by the Secretary or Clerk (as the 
case may be) of the House in which the same did origin- 
ate, and shall be entered on the journal of each House. 
The said Committee shall report the day of presenta- 
tion to the President, which time shall also be care- 
fully entered on the journal of each House. 

10. All orders, resolutions, and votes, which are to 
be presented to the President of the United States for 
his approbation, shall, also, in the same manner, be 
previously enrolled, examined, and signed, and shall be 
presented in the same manner, and by the same Com- 
mittee, as provided in cases of bills. 

11. When the Senate and House of Representa- 
tives shall judge it proper to make a joint address to the 
President, it shall be presented to him in his audience 
ehamber, by the President of the Senate, in the presence 
of the Speaker and both Houses. 

12. When a bill or resolution, which shall have 
passed in one House, is rejected in the other, notice 
thereof shall be given to the House in which the same 
shall have passed. 



OF THE TWO HOUSES. 59 

13. When a bill or resolution, which has been 
passed in one House, shall be rejected in the other, it 
shall not be brought in during the same session, without 
a notice of ten days, and leave of two-thirds of that 
House in which it shall be renewed. 

14. Each House shall transmit to the other all papers 
on which any bill or resolution shall be founded. 

15. After each House shall have adhered to their dis- 
agreement, a bill or resolution shall be lost. 

16. No bill that shall have passed one House, shall 
be sent for concurrence to the other, on either of the 
three last days of the session. 

17. No bill or resolution, that shall have passed the 
House of Representatives and the Senate, shall be pre- 
sented to the President of the United States, for his 
approbation, on the last day of the session. 



INDEX 

TO THE 

RULES OF THE SENATE OF THE UNITED STATES. 



A. 



iVb. Past. 



a 



11 


58 


15 


59 


11 


46 


43 


52 


6 


45 



Absence, from the Senate, not allowed without leave 8 46 

without leave, in cases of, the Sergeant-at- 

Arms may be sent 8 46 

Address of both Houses, to the President of the United 
States, to be presented by the President of 
the Senate [Joint rule] 

Adherence of both Houses, effect of [Joint] 

Adjournment, motion for, has precedence - 

Amendments to a resolution to amend the Constitution, 
carried by a majority 

Appeal allowed from the decision of the President 

B. 

Bills, may be introduced upon one day's notice - - 25 48 
shall be read twice before amendment or re- 
ference - 

reported, shall be printed - 
shall receive three readings on different days 
on second reading", considered as in Com- 
mittee of the Whole - 
proceedings on, at different stages 
titles of, only, and parts affected by amend- 
ments, inserted on the Journal 
on their passage, to be on paper [Joint] 
passed, shall be enrolled on parchment " 
enrolled, shall be examined " 

examined, shall be signed by the presiding 
officer of each House [Joint] 

signed, to be presented, for approval, and 
reported [Joint] 

when rejected, each House to be notified '« 
6 



27 


48 


25 


48 


26 


48 


28 


48 


29 


49 


31 


49 


5 


57 


6 


57 


7 


58 


8 


58 


10 


58 


12 


58 



62 INDEX TO THE 

Bilk— No. Page* 

passed by one House, and rejected by the 
other, in what manner they may be re- 
newed [Joint] 
adhered to, by both Houses, lost " 
cannot be sent from one House to the other 
during the three last days of session [Joint] 
shall be presented for approval before the 
last day [Joint] 
Blanks, in filling, what motions have preference - 
Business, unfinished, has preference - 



13 


59 


15 


59 


16 


59 


17 


59 


13 


46 


15 


46 


3 


45 


39 


52 


29 


49 




50 


34 


50 


7 


38 


26 


48 


38 


52 


1 


57 



Chair, to be addressed 

Character of persons nominated, to be kept secret 
Commit, motion to, in order at any time before final 

passage - 

Committees, standing 

how appointed ------ 

on enrolled bills 

reports of, to lie one day * 
Communications, confidential, to be kept secret - 
Conference, proceedings of Committee of [Joint] 

Consent, bills may be read three times in one day, by 

unanimous 26 48 

nominations may be considered on the day 

received, by unanimous - - - - 36 51 
Constitution, what majority requisite to amend a resolu- 
tion proposing amendments to the - - 43 52 
Conversation, among members, not allowed during de- 
bate, or while papers are reading 2 45 

D. 

Debate, no member to speak more than twice, in the 
same, in one day, without leave - 

not allowed on a call to order 

prohibited on a motion to adjourn 

not allowed on a call for reading papers 

not allowed in taking yeas and nays 
Documents, to be printed only by special order - 

E. 

Executive record, extracts from prohibited - 
Executive proceedings, to be kept in separate books 



- 4 


45 


6 


45 


- 11 


46 


- 14 


46 


- 16 


47 


- 25 


48 


- 42 


52 


- 41 


52 



RVLES OF THE SENATE. 63 



No. Page. 
Galleries, when they shall be cleared - - - - 18 47 

H. 

House, each shall transmit to the other the papers on 

which bills are founded - - - - 14 59 



Journal, to be read on a quorum assembling 1 45 

to contain the title, only, of bills, and the 

parts affected by proposed amendments - 31 49 
every vote to be entered on - - 32 49 

a brief statement of every memorial, peti- 
tion, and paper, to be entered on - - 32 49 
to be as concise as possible when acting as 

in Committee of the Whole - - - 32 49 

L, 

Leave to bring in a bill, one day's notice of motion for, 

required 25 48 

M. 

Members, prohibited from speaking to each other dur- 
ing debate 2 45 

present, not a quorum, empowered to send 

for absent members 8 46 

shall express assent or dissent by ay or no - 22 47-8 
Member, when he speaks, shall address the Chair 3 45 

first rising and addressing the Chair, shall 

speak first 5 45 

called to order by President or Senator, shall 

sit down ------ 6 45 

words of, shall be taken down, when called 

to order by a Senator 7 45 

shall not absent himself without leave 8 46 

any, may desire a motion to be reduced to 

writing 10 46 

may have a question divided, if susceptible 
of division - - - - « - 12 46 



No.. 


Page. 


16 


47 


17 


47 


24 


48 


32 


49 


2&3 


57 


4 


57 


46 


53 


9 


46 


10 


46 


10 


46 


11 


46 


11 


46 


11 


46 


13 


46 



64 INDEX TO THE 

Member — 

required to vote when yeas and nays are 

called - 

not allowed to vote after decision is announc- 
ed - - - - - - - - 

Memorial or Petition, contents of, shall be stated before 

received and read 

contents of, to be entered on the Journal - 
Messages, how announced [Joint] 

by whom sent « 

Messengers, when introduced ----- 
Motion, not to be debated, until seconded 

made and seconded, shall, if desired, be re- 
duced to writing 

to be read before debated - 
to adjourn, has preference - 

to adjourn, to be decided without debate 
privileged, what shall be, when a subject is un- 
der debate - - . 
privileged in filling blanks - 
privileged, in reference to Select or Standing 

Committees 35 51 

to close the galleries shall be discussed confi- 
dentially ------- 18 47 

to admit persons for the purpose of presenting 

memorial, not in order - - - - 19 47 

to reconsider, when, and by whom may be made 44 53 

N. 

Newspapers, not to be read while a member is speaking 2 45 
Nominations not to be considered on the day received, 

unless by consent - - - - 36 51 
Notice of one day required of an intended motion for 

leave to bring in a bill - 25 48 

of bills rejected, to be given - - [Joint] 12 58 

0. 

Orders of the day, special, not called before one o'clock 30 49 
of the day, special, unfinished business has pre- 
ference in 15 46 

Order, upon a call to, the member shall sit down - 6 45 

questions of, to be decided without debate - 6 45 
appeals on questions of, may be made from the 

President's decision .•».,-■» 6 45 



RULES OF THE SENATE. 65 

M. Page, 
Order, on questions of, the President may require the 

sense of the Senate ----- 6 45 
upon a call to, by a Senator, for words spoken, 

the exceptionable words shall be taken down 7 45 



Papers and Documents not to be printed without special 

order - 

Papers, relating 1 to bills, to accompany them [Joint] 
Persons, not admitted to present a memorial, &e, 
Petition, before received, contents of to be stated 

contents of those presented to be entered on 

the Journal - 

President to be first addressed by the Speaker 

to decide when two or more rise at the same 

time to speak - *• - - 
to decide questions of order 
may call for the sense of the Senate on a ques- 
tion of order 

may desire a motion to be reduced to writing" 

to decide on an equal division - 

decision of, on an equal division, to be taken 

by the Secretary - 
shall put all questions - 

may, for a limited time, name a member to 

perform the duties of the chair 
may appoint a Chairman, while Senate are 

acting as in Committee of the Whole 
to give notice of the several readings of bills 
to have the regulation of the parts of the 

Capitol appropriated to the Senate - 47 S3 

President of the U. S, to be assigned the President's 
Chair when attending the deliberations of 
the Senate - » - - - -36 51 

Q. 

Question, under debate, when, and by what motions 

superseded 11 

may be divided - 

final on second reading - 

to be decided, Ay or No - 

to be put by the President of the Senate 



25 
14 
19 

24 


48 
59 
47 
48 


32 
3 


49 
45 


5 

6 


45 
45 


6 
10 
21 


45 
46 
47 


21 

22 


47 
46-7 


23 


48 


28 

26 


49 

48 



11 


46 


12 


46 


29 


49 


22 


47 


22 


47 



66 INDEX TO TH£ 

iVo. Page. 

Question, on amending Constitution, short of the main 

question, to be determined by a majority - 43 52 

Quorum, proceeding's when a less number shall have as- 
sembled 8 46 

R. 

Reading Newspapers, prohibited, while the Senate are 

in session 2 45 

of a paper, called for and objected to, to be de- 
cided by the Senate - - - - 14 46 
Reconsideration, motion for, may be made by one of the 

majority - - - - - 20 47 
or by a member of the side that pre- 
vailed 44 53 

motion for, must be made within two 

days after vote • ■ - ■ 20 47 

motion for, must be made before the 
subject matter is out of possession of 

the Senate 20 47 

of a question requiring the affirmative 
vote of two-thirds, to be determined 
by a majority - 

Record, Executive, extracts from prohibited 
Resolutions, requiring approbation of the President, to 
amend Constitution, and grant money, to 
be treated as bills - 

other, to He one day - 

on third reading, amended only by consent 
engrossed, recommitted, and reported, to 
be ag-ain read second time 

further proceedings in passing [Joint] 

s. 

Secrecy enjoined on confidential communications 

enjoined on remarks on persons nominated 
enjoined on treaties - 

Secretary to endorse bills passed, &c. - 

to take the decision of the Vice-President 
when Senate is equally divided 
Senate, proceedings of, when a number less than a quo- 
rum shall have assembled -*•■*'•-■.'- 



44 
42 


53 
52 


26 
26 
29 


48 

48 
49 


29 
10 
17 


49 
58 
59 


38 
39 
38 
45 


52 
52 
52 
53 


21 


47 


8 


46 



36 


51 


36 


51 


37 


51 


38 


51 


39 


51 


40 


51-2 


32 


49 



41 


52 


48 


53 


2 


45 



RULES OF THE SENATE. 67 

M. Page. 
Senate, proceedings of, in quasi committee to be enter- 
ed concisely 32 49 

ceremonial proceedings when met by the Presi- 
dent of the U. S. at any other place than 
Senate Chamber - __=_ - -36 



relating to the Executive proceedings of 



votes of, to be entered on Journal - 

contents of memorials and petitions presented 
to, to be entered on the Journal - - 32 49 

shall be cleared of all persons except their offi- 
cers, when acting on Executive business - 40 52 

Executive proceedings of, to be recorded sepa- 
rately from the Legislative ... 

officers of, when they shall be elected 
Speaking, among members, prohibited during debate, 
more than twice in one day on the same sub- 
ject, prohibited - - - - 4 45 



Time, longest, first put ------ 13 46 

Treaties, proceedings on - 37 51 

to be kept secret until injunction be removed 38 52 

u. 

Unfinished business, has preference in special orders 15 46 

v. 

Vice-President, or President pro tempore, may appoint a 

Chairman 23 48 

Vote, every, to be entered on the Journal - * - 32 49 

no member allowed to, after decision is announced 17 47 

w. 

Words, exceptionable, shall be taken down, when a 

call to order is made hy a Senator 7 45 



68 IKDEX TO THE RULES OF THE SENATE. 



iYo. Page 



o 



Yeas and Nays, to be called alphabetically - - 16 47 

may be required by one-fifth - - 16 47 

to be taken without debate - - 16 47 

after being- taken, no member allowed 

to enter his vote - - - - 17 47 



STAtfDIXG RULES 

AND 

ORDERS FOR CONDUCTING BUSINESS 

IK 

THE HOUSE OF REPRESENTATIVES 

OF THE 

UNITED STATES. 



STANDING RULES 

AND 

ORDERS FOR CONDUCTING BUSINESS 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. 



Touching the duty of the Speaker 

1. He shall take the chair every day precisely at the 
hour to which the House shall have adjourned on the 
preceding day; shall immediately call the members to 
order; and, on the appearance of a quorum, shall cause 
the journal of the preceding day to be read. 

2. He shall preserve order and decorum; may speak 
to points of order in preference to other members, rising 
from his seat for that purpose; and shall decide questions 
of order, subject to an appeal to the House by any two 
members; on which appeal no member shall speak more 
than once, unless by leave of the House. 

3. He shall rise to put a question, but may state it 
sitting. 

4. Questions shall be distinctly put in this form, to 
wit: " As many as are of opinion that (as the question 
may be,) say Ay;" and, after the affirmative voice is 
expressed, " As many as are of the contrary opinion say 
No." If the Speaker doubts, or a division be called for, 
the House shall divide: those in the affirmative of the 
question shall first rise from their seats, and afterwards 
those in the negative. If the Speaker still doubts, or a 
count be required, the Speaker shall name two members, 
one from each side, to tell the members in the affirma- 



72 RULES OF THE 

tive, which being reported, he shall then name tw@ 
others, one from each side, to tell those in the negative, 
which being also reported, he shall rise and state the 
decision to the House. 

5. When any motion or proposition is made, the ques- 
tion, " Will the House now consider it?" shall not be 
put, unless it is demanded by some member, or is deem- 
ed necessary by the Speaker. 

6. The Speaker shall examine and correct the Journal 
before it is read. He shall have a general direction of 
the Hall. He shall have the right to name any member 
to perform the duties of the chair, but such substitution 
shall not extend beyond an adjournment. 

7. All committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House, in 
which case they shall be appointed by ballot; and if, 
upon such ballot, the number required shall not be 
elected by a majority of the votes given, the House shall 
proceed to a second ballot, in which a plurality of votes 
shall prevail; and, in case a greater number than is re- 
quired to compose or complete a committee shall have 
an equal number of votes, the House shall proceed to a 
further ballot or ballots. 

8. In all other cases of ballot than for committees, a 
majority of the votes given shall be necessary to an 
election; and when there shall not be such a majority 
on the first ballot, the ballot shall be repeated until a 
majority be obtained. 

9. In all cases of ballot by the House, the Speaker 
shall vote: in other cases he shall not vote, unless the 
House be equally divided, or unless his vote, if given 
to the minority, will make the division equal; and in 
case of such equal division, the question shall be lost. 

10. In all cases where other than members of the 
House may be eligible to any ofiice by the election of 
the House, there shall be a previous nomination. 

11. All acts, addresses, and joint resolutions, shall be 



HOUSE OP REPRESENTA? 1VE5. 73 

signed by the Speaker; and all writs, warrants, and sub- 
poenas, issued by order of the House, shall be under his 
hand and seal, attested by the Clerk. 

12. In case of any disturbance or disorderly conduct 
in the galleries or lobby, the Speaker (or Chairman of 
the Committee of the Whole House) shall have power 
to order the same to be cleared. 

13. No person, except members of the Senate, their 
Secretary, Heads of Departments, the Treasurer^ Comp- 
troller, Register, Auditor, Postmaster General, Presi- 
dent's Secretary, Chaplains to Congress, Judges of the 
United States, Foreign Ministers and their Secretaries, 
Officers who, by name, have received, or shall hereafter 
receive, the thanks of Congress for their gallantry and 
good conduct displayed in the service of their country, 
the Commissioners of the Navy Board, Governor, for 
the time being, of any State or Territory in the Union, 
who may attend at the seat of the General Government 
during the sessions of Congress, and who may choose to 
avail himself of such privilege, such gentlemen as have 
been heads of departments, or members of either branch 
of the legislature; and, at the discretion of the Speaker, 
persons who belong to such legislatures of foreign go- 
vernments as are in amity with the United States, shall 
be admitted within the Hall of the House ©f Repre- 
sentatives. 

14. Stenographers, wishing to take down the debates, 
may be admitted by the Speaker, who shall assign such 
places to them, on the floor or elsewhere, to effect their 
object, as shall not interfere with the convenience of the 
House. 

Order of business of the Session* 

15. After six days from the commencement of a se- 
cond or subsequent session of any Congress, all bills, 
resolutions, and reports, which originated in the House, 

7 



74 RULES OF THE 

and at the close of the next preceding session remained 
undetermined, shall be resumed and acted on, in the 
same manner as if an adjournment had not taken place. 

Order of business of the day. 

16. As soon as the Journal is read, the Speaker shall 
call for petitions from the members of each State, and 
delegates from each Territory, beginning with Maine ; 
and if, on any day, the whole of the States and Terri- 
tories shall not be called, the Speaker shall begin on the 
next day where he left off the previous day. Provided, 
that, after the first thirty days of the session, petitions 
shall not be received except on the first day of the meet- 
ing of the House in each week. 

17. The petitions having been presented and disposed 
of, reports, first from the standing, and then from the 
select committees, shall be called for, and disposed of. 
And not more than one hour in each day shall be de- 
voted to the subject of reports from committees, and re- 
solutions; after which the Speaker shall dispose of the 
bills, messages, and communications, on his table, and 
then proceed to call the orders of the day. 

18. The business specified in the two preceding rules 
shall be done at no other part of the day, except by per- 
mission of the House. 

Local or Private Business. 

19. Friday and Saturday in every week shall be set 
apart for the consideration of private bills and private 
business, in preference to any other, unless otherwise 
determined by a majority of the House. 



HOUSE OF REPRESENTATIVES. 75 

Of Decorum and Debate. 

20. When any member is about to speak in debate, 
or deliver any matter to the House, he shall rise from 
his seat, and respectfully address himself to "Mr. 
Speaker," and shall confine himself to the question un- 
der debate, and avoid personality. 

21. If any^member, in speaking, or otherwise, trans- 
gress the rules of the House, the Speaker shall, or any 
member may, call to order; in which case the member 
so called to order shall immediately sit down, unless 
permitted to explain, and the House shall, if appealed 
to, decide on the case, but without debate; if there be 
no appeal, the decision of the Chair shall be submitted 
to. If the decision be in favor of the member called to 
order, he shall be at liberty to proceed; if otherwise, he 
shall not be permitted to proceed, without leave of the 
House; and, if the case require it, he shall be liable to 
the censure of the House. 

22. When two or more members happen to rise at 
once, the Speaker shall name the member who is first 
to speak. 

23. No member shall speak more than twice to the 
same question, without leave of the House, nor more 
than once, until every member choosing to speak shall 
have spoken. 

24. If a question depending be lost by adjournment 
of the House, and revived on the succeeding day, no 
member, who shall have spoken twice on the preceding 
day, shall be permitted again to speak without leave. 

25. Whilst the Speaker is putting any question, or 
addressing the House, none shall walk out of, or across, 
the House; nor, in such case, or when a member is 
speaking, shall entertain private discourse, nor, whilst 
a member is speaking, shall pass between him and the 
chair. 

26. No member shall vote on any question in the 



VO HVLES OP THE 

event of which he is immediately and particularly in- 
terested; or in any case where he was not present w 7 hen 
the question was put. 

27. Upon a division and count of the House on any 
question, no member without the bar shall be counted. 

28. Every member who shall be in the House when 
the question is put, shall give his vote, unless the House, 
for special reasons, shall excuse him. 

29. When a motion is made and seconded, it shall be 
stated by the Speaker; or, being in writing, it shall be 
handed to the Chair, and read aloud by the Clerk be- 
fore debated. 

30. Every motion shall be reduced to writing, if the 
Speaker or any member desire it. 

31. After a motion is stated by the Speaker, or read 
by the Clerk, it shall be deemed to be in the possession 
of the House, but may be withdrawn at any time before 
a decision or amendment. 

32. When a question is under debate, no motion shall 
be received but to adjourn, to lie on the table, for the 
previous question, to postpone to a day certain, to com- 
mit, or amend, to postpone indefinitely; which several 
motions shall have precedence in the order in which 
they are arranged: and no motion to postpone to a day 
certain, to commit, or to postpone indefinitely, being 
decided, shall be again allowed on the same day, and at 
the same stage of the bill or proposition. A motion to 
strike out the enacting words of a bill shall have pre- 
cedence of a motion to amend, and, if carried, shall be 
considered equivalent to its rejection. 

33. When a resolution shall be offered, or a motion 
made to refer any subject, and different committees shall 
be proposed, the question shall be taken in the follow- 
ing order: 

The Committee of the Whole House on the State of 
the Union; the Committee of the Whole House; a Stand- 
ing Committee; a Select Committee; 



HOUSE OF REPRESENTATIVES. 77 

34. A motion to adjourn shall be always in order; 
that, and the motion to lie on the table, shall be decided 
without debate. 

35. The previous question shall be in this form : " Shall 
the main question be now put?" It shall only be ad- 
mitted when demanded by a majority of the members 
present; and, until it is decided, shall preclude all amend- 
ment and further debate of the main question. 

36. On a previous question there shall be no debate. 

37. When a question is postponed indefinitely, the 
same shall not be acted upon again during the session. 

38. Any member may call for the division of a ques- 
tion, which shall be divided if it comprehends questions 
so distinct, that, one being taken away, the rest may 
stand entire for the decision of the House; a motion to 
strike out and insert shall be deemed indivisible. But 
a motion to strike out being lost, shall preclude neither 
amendment nor a motion to strike out and insert. 

39. Motions and reports may be committed at the 
pleasure of the House. 

40. No motion or proposition on a subject different 
from that under consideration, shall be admitted under 
color of amendment. 

41. When a motion has been once made and carried 
in the affirmative or negative, it shall be in order for 
any member of the majority to move for the reconsidera- 
tion thereof, on the same, or the succeeding day. 

42. When the reading of a paper is called for, and 
the same is objected to by any member, it shall be de- 
termined by a vote of the House. 

43. The unfinished business in which the House was 
engaged at the last preceding adjournment, shall have 
the preference in the orders of the day; and no motion 
on any other business shall be received, without special 
leave of the House, until the former is disposed of. 

44. Every order, resolution, or vote, to which the 
concurrence of the Senate shall be necessarv, shall be 

7* 



7S RULES OP THE 

read to the House, and laid on the table, on a day pre- 
ceding that in which the same shall be moved, unless 
the House shall otherwise expressly allow. 

45. Petitions, memorials, and other papers addressed 
to the House, shall be presented by the Speaker, or by 
a member in his place ; a brief statement of the contents 
thereof shall verbally be made by the introducer, and 
shall not be debated or decided on the day of their being 
first read, unless where the House shall direct other- 
wise; but shall lie on the table, to be taken up in the 
order they were read. 

46. A proposition requesting information from the 
President of the United States, or directing it to be fur- 
nished by the Head of either of the Executive Depart- 
ments, or by the Postmaster General, shall lie on the 
table one day for consideration, unless otherwise order- 
ed by the unanimous consent of the House; and all such 
propositions shall be taken up for consideration in the 
order they were presented, immediately after reports 
are called for from select committees; and, when adopt- 
ed, the Clerk shall cause the same to be delivered. 

47. Any fifteen members (including the Speaker, if 
there be one, ) shall be authorized to compel the attend 
ance of absent members. 

48. Upon calls of the House, or in taking the yeas 
and nays on any question, the names of the members 
shall be called alphabetically. 

49. Any member may excuse himself from serving 
on any committee at the time of his appointment, if he 
is then a member of two other committees. 

50. No member shall absent himself from the service 
of the House unless he have leave, or be sick and unable 
to attend. 

51. Upon the call of the House, the names of the 
members shall be called over by the Clerk, and the ab- 
sentees noted ; after which the names of the absentees 
shall again be called over, the doors shall then be shut^ 



MOUSE OP REPRESENTATIVES. 70 

and those for whom no excuse, or insufficient excuses 
are made, may, by order of those present, if fifteen in 
number, be taken into custody as they appear, or may 
be sent for and taken into custody, wherever to be found, 
by special messengers to be appointed for that purpose. 

52. When a member shall be discharged from custody, 
and admitted to his seat, the House shall determine 
whether such discharge shall be with or without paying 
fees; and, in like manner, whether a delinquent mem- 
ber, taken into custody by a special messenger, shall, or 
shall not, be liable to defray the expense of such special 
messenger. 

53. A Sergeant-at-Arms shall be appointed, to hold 
his office during the pleasure of the House, whose duty 
it shall be to attend the House during its sitting; to exe- 
cute the commands of the House from time to time; to- 
gether with all such process, issued by authority thereof, 
as shall be directed to him by the Speaker. 

54. The fees of the Sergeant-at-Arms shall be, for 
every arrest, the sum of two dollars; for each day's cus- 
tody and releasement, one dollar; and for travelling ex- 
penses for himself or a special messenger, going and re- 
turning, one-tenth of a dollar per mile. 

55. Twenty-one standing committees shall be ap- 
pointed at the commencement of each session, viz: 

To consist of seven Members each. 

A Committee of Elections. 

A Committee of Ways and Means. 

A Committee of Claims. 

A Committee of Commerce. 

A Committee on the Public Lands. 

A Committee on the Post Office and Post Roads. 

A Committee for the District of Columbia. 

A Committee on the Judiciary. 

A Committee on Revolutionary Claims. 

A Committee on Public Expenditures. 



SO EtLES OF THE 

A Committee on Private Land Claims. 
A Committee on Manufactures. 
A Committee on Agriculture. 
A Committee on Indian Affairs. 
A Committee on Military Affairs 
A Committee on Naval Affairs. 
A Committee on Foreign Affairs. 
A Committee on the Territories. 
A Committee on Military Pensions. 

To consist of three ^Members each. 

A Committee of Revisal and Unfinished Business. 
A Committee of Accounts. 

56. It shall be the duty of the Committee of Elections 
to examine and report upon the certificates of election 
or other credentials of the members returned to serve in 
this House, and to take into their consideration all such 
petitions, and other matters touching elections and re- 
turns, as shall or may be presented, or come into ques- 
tion, and be referred to them by the House. 

57. It shall be the duty of the Committee of Ways 
and Means, to take into consideration all such reports 
of the Treasury Department, and all such propositions 
relative to the revenue, as may be referred to them by 
the House: to inquire into the state of the public debt, 
or the revenue, and of the expenditures, and to report, 
from time to time, their opinion thereon; to examine 
into the state of the several public departments, and 
particularly into the laws making appropriations of mo- 
neys, and to report whether the moneys have been dis- 
bursed conformably with such laws: and. also, to report, 
from time to time, such provisions and arrangements as 
may be necessary to add to the economy of the depart- 
ments, and the accountability of their offie- 

In preparing bills of appropriation for other obj : 
the Committee of Ways and Means shall not include ap- 
propriations for carrying into effect treaties made by the 



HOUSE OP REPRESENTATIVES. 81 

United States; and, where an appropriation bill shall be 
referred to them, for their consideration, which contains 
appropriations for carrying a treaty into effect, and for 
other objects, they shall propose such amendments as 
shall prevent appropriations for carrying a treaty into 
effect being included in the same bill with appropria- 
tions for other objects. 

58. It shall be the duty of the Committee of Claims 
to take into consideration all such petitions and matters 
or things, touching claims and demands on the United 
States, as shall be presented, or shall or may come in 
question, and be referred to them by the House; and to 
report their opinion thereupon, together with such pro- 
positions for relief therein, as to them shall seem ex- 
pedient. 

59. It shall be the duty of the Committee of Com- 
merce to take into consideration all such petitions and 
matters or things, touching the commerce of the United 
States, as shall be presented, or shall or may come into 
question, and be referred to them by the House; and to 
report, from time to time, their opinion thereon. 

60. It shall be the duty of the Committee on the Pub- 
lic Lands to take into consideration all such petitions 
and matters or things respecting the lands of the United 
States, as shall be presented, or shall or may come in 
question, and be referred to them by the House; and to 
report their opinion thereupon, together with such pro- 
position for relief therein, as to them shall seem expe- 
dient. 

61. It shall be the duty of the Committee on the Post 
Office and Post Roads, to take into consideration all such 
petitions and matters or things touching the Post Office 
and Post Roads, as shall be presented, or may come in 
question, and be referred 1o them by the House; and to 
report their opinion thereupon, together with such pro- 
positions relative thereto, as to them shall seem expe* 
dient, 



82 RULES OF THE 

62. It shall be the duty of the Committee for the Dis- 
trict of Columbia to take into consideration all such pe- 
titions and matters or things touching the said District, as 
shall be presented, or shall come in question, and be re- 
ferred to them by the House; and to report their opinion 
thereon, together with such propositions relative there- 
to, as to them shall seem expedient. 

63. It shall be the duty of the Committee on the Judi- 
ciary to take into consideration all such petitions and 
matters or things touching judicial proceedings, as shall 
be presented, or may come in question, and be referred 
to them by the House; and to report their opinion there- 
upon, together with such propositions relative thereto, 
as to them shall seem expedient. 

64. It shall be the duty of the Committee on Revo- 
lutionary Claims to take into consideration all such pe- 
titions and matters or things touching claims and de- 
mands originating in the Revolutionary war, or arising 
therefrom, as shall be presented, or shall or may come 
in question, and be referred to them by the House; and 
to report their opinion thereupon, together with such 
propositions for relief therein, as to them shall seem ex- 
pedient. 

65. It shall be the duty of the Committee on Public 
Expenditures to examine into the state of the several 
public departments, and particularly into laws making 
appropriations of moneys, and to report whether the 
moneys have been disbursed conformably with such laws; 
and also, to report, from time to time, such provisions 
and arrangements as may be necessary to add to the 
economy of the departments, and the accountability of 
their officers. 

66. It shall be the duty of the Committee on Private 
Land Claims to take into consideration all claims to land 
which may be referred to them, or shall or may come 
in question, and to report their opinion thereupon, to- 
gether with such propositions for relief therein, as t« 
them shall seem expedient. 



HOUSE OF REPRESENTATIVES. S3 

67. It shall be the duty of the Committee on Military 
Affairs to take into consideration all subjects relating to 
the military establishment and public defence, which 
may be referred to them by the House, and to report 
their opinion thereupon; and also, to report, from time 
to time, such measures as may contribute to economy 
and accountability in the said establishment. 

68. It shall be the duty of the Committee on Naval 
Affairs to take into consideration all matters which con- 
cern the naval establishment, and which shall be referred 
to them by the House, and report their opinion there- 
upon; and also, to report, from time to time, such mea- 
sures as may contribute to economy and accountability 
in the said establishment. 

69 It shall be the duty of the Committee on Foreign 
Affairs to take into consideration all matters which con- 
cern the relations of the United States with foreign na- 
tions, and which shall be referred to them by the House, 
and to report their opinion on the same. 

70. It shall be the duty of the Committee on the Ter- 
ritories to examine into their legislative, civil, and 
criminal proceedings, and to devise and report to the 
House such means as, in their opinion, may be neces- 
sary to secure the rights and privileges of residents and 
non-residents. 

71. It shall be the duty of the Committee on Military 
Pensions to take into consideration all such matters re- 
specting pensions for military service; and also, all such 
matters respecting invalid pensions, as shall be referred 
to them by the House. 

72. It shall be the duty of the Committee of Revisal 
and Unfinished Business to examine and report what 
laws have expired, or are near expiring, and require ta 
be revived or further continued; also, to examine and 
report, from the Journal of the last session, all such 
matters as were then depending and undetermined 



84 Kt?LES 0F THE 

73. It shall be the duty of the Commitee of Accounts 
to superintend and control the expenditure of the con- 
tingent fund of the House of Representatives, and to au- 
dit and settie all accounts which may be charged thereon; 
and also, to audit the accounts of the members for their 
travel to and from the Seat of Goverment, and their at- 
tendance in the House. 

74. Six additional standing committees shall be ap- 
pointed at the commencement of the first session in each 
Congress, whose duty shall continue until the first ses- 
sion of the ensuing Congress. 

To consist of three members each, 

1. A committee on so much of the public accounts 
and expenditures as relate to the Department of State. 

2. A committee on so much of the public accounts and 
expenditures as relate to the Treasury Department. 

3. A committee on so much of the public accounts and 
expenditures as relate to the Department of War. 

4. A committee on so much of the public accounts and 
expenditures as relate to the Department of the Navy. 

5. A committee on so much of the public accounts and 
expenditures as relate to the Post Office; and, 

6. A committee on so much of the public accounts and 
expenditures as relate to the Public Buildings. 

75. It shall be the duty of the said committees to ex- 
amine into the state of the accounts and expenditures 
respectively submitted to them, and to inquire and re- 
port, particularly — Whether the expenditures of the re- 
spective departments are justified by law: 

Whether the claims from time to time satisfied and dis- 
charged by the respective departments are supported by 
sufficient vouchers, establishing their justness both as to 
their character and amount: 

Whether such claims have been discharged out of 
funds appropriated therefor, and whether all moneys 
have been disbursed in conformity with appropriation 



HOUSE OF REPRESENTATIVES. 35 

laws; and whether any, and what, provisions are neces- 
sary to be adopted, to provide more perfectly for the ap- 
plication of the public moneys, and to secure the Govern- 
ment from demands unjust in their character, or extra- 
vagant in their amount. 

And it shall be, moreover, the duty of the said com- 
mittees to report, from time to time, whether any, and 
what, retrenchment can be made in the expenditures of 
the several departments, without detriment to the pub- 
lic service; whether any, and what, abuses at any time 
exist in the failure to enforce the payment of moneys 
which may be due to the United States from public de- 
faulters or others; and to report, from time to time, such 
provisions and arrangements as may be necessary to add 
to the economy of the several departments, and the ac- 
countability of their officers. 

76. The several standing committees of the House 
shall have leave to report by bill, or otherwise. 

77. No committee shall sit during the sitting of the 
House, without special leave. 

78. The Clerk of the House shall take an oath for the 
true and faithful discharge of the duties of his office, to 
the best of his knowledge and abilities, and shall be 
deemed to continue in office until another be appointed. 

79. It shall be the duty of the Clerk to make, and 
cause to be printed and delivered to each member, at the 
commencement of every session of Congress, a list of the 
reports which it is the duty of any officer or department 
of the Government to make to Congress; referring to the 
act or resolution, and page of the volume of the Laws or 
Journal in which it may be contained; and placing, under 
the name of each officer, thte list of reports of him to be 
made, and the time when the report may be expected. 

80. It shall be the duty of the Clerk of the House, at 
the end of each session, to send a printed copy of the 
Journals thereof to the Executive, and to each branch of 
the Legislature of every State. 

8 



86 RULES OF THE 

8 1 . All questions of order shall be noted by the Clerk, 
with the decision, and put together at the end of the 
Journal of every session. 

82. Whenever confidential communications are re- 
ceived from the President of the United States, the House 
shall be cleared of all persons, except the members, 
Clerk, Sergeant-at-Arms, and Doorkeeper, and so contin- 
ued during the reading of such communications, and 
(unless otherwise directed by the House) during all pro- 
ceedings to be had thereon. And when the Speaker or 
any other member shall inform the House that he has 
communications to make, which he conceives ought to 
be kept secret, the House shall, in like manner, be clear- 
ed till the communication be made; the House shall then 
determine whether the matter communicated requires 
secrecy or not, and take order accordingly. 

83 The Sergeant-at-Arms and the Doorkeeper shall 
be sworn to keep the secrets of the House. 

84. All questions relating to the propriety of busi- 
ness to be acted on shall be decided without debate. 

On Bills. 

85. Every bill shall be introduced by motion or leave, 
or by an order of the House, on the report of the Com- 
mittee; and, in either case, a committee to prepare the 
same shall be appointed. In cases of a general nature, 
one day's notice at least shall be given of the motion to 
bring in a bill; and every such motion may be commit- 
ted. 

86. Every bill shall receive three several readings in 
the House previous to its passage; and all bills shall be 
despatched in order as they were introduced, unless 
where the House shall direct otherwise; but no bill shall 
be twice read on the same day, without special order of 
the House. 

87. The first reading of a bill shall be for information ; 
and, if opposition be made to it, the question shall be, 



HOUSE OP REPRESENTATIVES. S7 

" Shall this bill be rejected ?" If no opposition be 
made, or if the question to reject be negatived, the bill 
shall goto its second reading without a question. 

88. Upon a second reading of a bill, the Speaker shall 
state it as ready for commitment or engrossment; and, 
if committed, then a question shall be, whether to a se- 
lect or standing committee, or to a Committee of the 
Whole House; if to a Committee of the Whole House, 
the House shall determine on what day; but if the bill 
be ordered to be engrossed, the House shall appoint the 
day when it shall be read the third time. 

89. No more than three bills originating in the House 
shall be committed to the same Committee of the Whole, 
and such bills shall be analogous in their nature, which 
analogy shall be determined by the Speaker. 

90. After commitment and report thereof to the House, 
or at any time before its passage, a bill may be recom- 
mitted. 

91. All bills ordered to be engrossed shall be executed 
in a fair and round hand. 

92. No amendment, by way of rider, shall be re- 
ceived to any bill on its third reading. 

93. When a bill shall pass, it shall be certified by the 
Clerk, noting the day of its passage at the foot thereof. 

Of Committees of the Whole House. 

94. It shall be a standing order of the day, through- 
out the session, for the House to resolve itself into a 
Committee of the Whole House on the State of the 
Union. 

95. In forming a Committee of the Whole House, 
the Speaker shall leave his chair, and a chairman, to 
preside in committee, shall be appointed by the Speaker. 

96. Upon bills committed to the Committee of the 
Whole House, the bill shall be first read throughout by 
the Clerk, and then again read and debated by clauses, 
leaving the preamble to be last considered; the body of 



oo RULES OP THE 

the bill shall not be defaced nor interlined, but all 
amendments, noting the page and line, shall be duly en- 
tered by the Clerk on a separate paper, as the same shall 
be agreed to by the committee, and so reported to the 
House. After report, the bill shall again be subject to 
be debated and amended by clauses, before a question to 
engross it be taken. 

97. All amendments made to an original motion in 
committee shall be incorporated with the motion, and 
so reported. 

98. All amendments made to a report committed to 
a Committee of the Whole, shall be noted and reported 
as in case of bills. 

99. All questions, whether in committee or in the 
House, shall be propounded in the order in which they 
were moved, except that, in filling up blanks, the largest 
sum and longest time shall be first put. 

100. No motion or proposition for a tax or charge 
upon the People shall be discussed the day in which it is 
made or offered, and every such proposition shall re- 
ceive its first discussion in a Committee of the Whole 
House. 

101. No sum or quantum of tax or duty, voted by a 
Committee of the Whole House, shall be increased in 
the House until the motion or proposition for such in- 
crease shall be first discussed and voted in a Committee 
of the Whole House; and so in respect to the time of its 
continuance. 

102. All proceedings, touching appropriations of mo- 
ney, shall be first discussed in a Committee of the Whole 
House. 

103. The rules of proceeding in the House shall be 
observed in a Committee of the Whole House, so far as 
they may be applicable, except the rule limiting the 
time of speaking; but no member shall speak twice to 
any question, until every member choosing to speak 
shall have spoken-. 



HOUSE OF REPRESENTATIVES. 89 

104. No standing rule or order of the House shall be 
rescinded or changed without one day's notice being 
given of the motion therefor. Nor shall any rule be sus- 
pended, except by a vote of at least two-thirds of the 
members present. 

105. It shall be in order for the Committee on Enroll- 
ed Bills to report at any time. 

106. No person shall be permitted to perform di- 
vine service in the chamber occupied by the House of 
Representatives, unless with the consent of the Speaker. 



&* 



IDTDEX 

TO THE 

RULES OF THE HOUSE OF REPRESENTATIVES, 



A. 

Rule. Page 
Absent members, their attendance may be compelled by 
fifteen members - - - - - 

Absent, no member allowed to be, unless on leave 

MtoL,\ signed by Speaker - - - 

Adjourn, a motion to, always in order, but not to be de- 
bated ------ 

Amendment not to be admitted, if on a subject different 

from that under consideration - 
Amendments to engrossed bills, by way of rider, not 
permitted - - - - 

to engrossed bills to be kept on separate 

paper - 

to original motions, in Committee of the 

Whole - 

to reports, in Committee of the Whole - 
Appeals, how made and debated - 

proceedings in case of 
Appropriations to be first discussed in Committee of the 
Whole ------ 

Appropriations for treaties not to be included in bills 
making appropriations for other objects - 

B. 

Ballot, for committees - 
in other cases - 
Bill rejected, if enacting words be stricken out 
Bills on the table, when taken up 

private, to have preference on Fridays and Saturdays 

how to be introduced or reported - 

the several readings of - 

if opposed on first reading, question to reject to 

be put, &c - - 87 86 



47 


78 


50 


78 


11 


72 


34 


77 


40 


77 


92 


87 


96 


87 


97 


88 


98 


88 


2 


71 


21 


75 


L02 


88 


57 


80 


7 


72 


8 


72 


32 


76 


17 


74, 


19 


74, 


85 


86 


86 


86 



92 



INDEX TO THE RULES OF THE 



Rule. 
Bills, how to be disposed of on second reading - 88 
not more than three to be committed to same Com- 
mittee of the Whole - - - - 89 
may be recommitted at any time before passage - 90 
to be engrossed in a fair round hand - - 91 
not to be amended on third reading by riders - 92 
when passed, to be certified by the Clerk - 93 
[in Committee of the Whole] how to be taken up; 
not to be interlined ; amendments to, how to 
be kept and reported ; and, after report, may 
be again debated and amended - - 96 
Blanks* rule respecting the filling of - - - 99 
Business on the table, when taken up - - -17 
daily order of - - - - 16 
no debate on priority of - - 84 
unfinished^ at the close of a session, to be re- 
sumed at the commencement of a second or 
subsequent session of the same Congress - 15 
private, to have preference on Fridays and Sa- 
turdays . - - - - - 19 

C. 

Calls on Departments for information, rule relating to 46 
Call of the House, names called alphabetically - - 48 

rules relative to a - - 51, 52 

Clerk to cause resolutions to be delivered to the Presi- 
dent, &c. - - - 46 
to make a list of reports to be made by public of- 
ficers to Congress - - - - 79 
to forward the Journals to the Governors of the 

States - - - - - 80 

to take an oath to act faithfully, and tenure of ap- 



pointment, &c. 
Committees, how to be appointed 



78 
7 
a member may, in a certain case, be ex- 
cused from serving on - - 49 
precedence of, in motions for reference - 33 
appointment of standing - - -55 
duties of, viz : Of Elections - -56 
Or* W r avs and Means - 57 
Of Claims - - - 58 
Of Commerce - - 59 
On Public Lands - - 60 
On Post Office & Post Roads 61 
For District of Columbia - 62 



Page. 
87 

87 
87 
87 
87 
87 



87-8 
88 
74 
74 
86 



74 



78 

78 

78-9 

78 

85 

85 

85 

72 

78 
76 
79 
80 
80 
81 
81 
81 
81 
82 



Rule. 


Page. 


63 


82 


64 


82 


65 


82 


66 


82 


67 


83 


68 


83 


69 


83 


70 


83 


71 


83 


72 


83 


73 


84 


76 


85 


77 


85 


74 


84 


94 


87 


95 


87 


96 


87 



HOUSE OF HEPRESENTATIVES. 93 



Committees, duties of, viz: On the Judiciary - 

On Revolutionary Claims - 

On Public Expenditures - 

On Private Land Claims - 

On Military Affairs 

On Naval Affairs - 

On Foreign Affairs 

On the Territories 

On Military Pensions 

On Revisal and Unfinished 

Business 
On Accounts 
(standing) may report by bill 
not to sit during the sitting of the House « 
Committees on Expenditures, appointment and duties of 

the six standing - 
Committee of the Whole on the Union, a standing order 
of the day ------ 

Committee of the Whole, how formed - - - 

how to proceed in cases of bills 96 
how to report amendments to 

original motions - - 97 88 

how to report amendments to 

a report - - - 98 88 

rules of the House to be ob- 
served in - - • 103 88 
must first entertain all motions 
for laying or increasing taxes 

100, 101 88 
Commitment (of motions) to be at the pleasure of the 

House - - - - - - 39 77 

Confidential communications or proceedings, rules upon 

the subject of - - - - 82 86 

Consideration, questions of - - - 5 72 

Conversation (private) not to be entertained while a 

member is speaking - - - - 25 75 



D. 

JJebate, provisions for the preservation of order and de- 
corum in - . - 20, 21 75 
on appeals, limited nature of - - 2 71 
on appeals in calls to order, prohibited - 21 75 
prohibited on motions to adjourn - - 34 77 
on motions to lie on the table - 34 77 



94 



INDEX TO THE RULES OF THE 



Rule. Page, 



Debate, prohibited on petitions and other papers on the 
day of presentation - - - - 

prohibited on priority of business 
to be precluded by the previous question 
Departments, call for information from - 
Disorder in the Gallery, remedy in cases of - 
Divine service not to be performed in the Hall, unless by 

consent of the Speaker - 
Division, proceeding's when called for - 
Division of Questions, when and how they may be allowed 38 
Doorkeeper to be sworn to secrecy - 

Duties or Taxes, rules to be observed respecting" their 

imposition ----- 100, 101 



45 


78 


84 


86 


56 


77 


46 


78 


12 


73 


106 


89 


4 


71 


. 38 


. 77 


83 


86 



88 



E. 



Elections, how to be conducted 

Enacting words, stricken out, considered a rejection - 

Engrossed bills not to be amended by riders while on 
their passage between the twoHouses. (See Bills. ) 
Engrossments to be in a fair round hand 
Enrolled bills, committee on, may report at any time - 
Excused from voting, rule relating to being 
Excused from serving on a committee, a member may be 
Executive Departments^ rules to be observed in calling 
for information from the heads of - 



8 


72 


32 


76 


92 


87 


91 


87 


105 


89 


28 


76 


49 


78 



46 



78 



Fees in cases of calls of the House 
of Sergeant-at-Arms 



52 
54 



79- 
79 



G. 



Galleries may be cleared in cases of disorder 

H. 



12 



Hall to be under the direction of the Speaker 6 72 

persons who may be admitted within the - 13 73 

not to be used in the performance of Divine ser- 
vice, unless by consent of the Speaker - 106 89 

Heads of Departments, calls for information from - 46 



44 


77 


11 


72 


1 


71 


6 


72 



HOUSE OP REPRESENTATIVES. 95 

I. 

Rule. Page. 
Indefinitely, questions not to be resumed which are post- 
poned - - - - - - 37 77 

Information, calls on President and Departments for - 46 78 

J. 

Joint Resolutions, or propositions requiring the consent 

of the Senate to be laid on the table 

one day - 

signed by the Speaker 

Journal, reading of - 

to be corrected by the Speaker 



Lie on the table, precedence of a motion to -32 76 

no debate allowed on a motion to - 34 77 
one day, all matters requiring the con- 
f currence of the Senate, to - 44 77 

all resolutions calling on Exec- 
utive officers for information 
shall - - - 46 78 

Lobby may be cleared in cases of disorder - - 12 73 

M. 

Members, to be called alphabetically - - - 48 78 

Memorials, when to be presented - - - 16 74 

rules to be observed on the presentation of 45 78 
Motions to be stated by the Speaker, or read by the 

Clerk - - - - - 29 76 

if desired, shall be reduced to writing - 30 76 
when to be considered as in possession of the 

House - - - - - 31 76 

precedence and order of certain - 32-3 76 

N. 
Nomination, cases in which it shall be necessary - 10 72 



Rule. 


Page. 


- 21 


75 


- 2 


71 


- 15 


73 


- 16 


74 


- 17 


74 



96 INDEX TO THE RULES GF THE 

o. 



Order, proceedings in cases of calls to - 
Speaker to decide questions of - 
Order of business of the session 

of the day - 
Orders of the day, when to be called 

P. 

Personality in debate prohibited - 

Petitions* when to be presented - 

rules in presenting - 

Postmaster General, calls for information from - 

Postponed indefinitely, effect of being - 

Precedence of motions - 32, 

in business to be decided without debate - 

Previous question, rules relating to the - 35, 

President, rules to be observed in calling for informa- 
tion from the - 

Private business, to have preference on Fridays and Sa- 
turdays ------ 

Privileged persons, to come within the Hall 

q. 

Questions, manner of putting - - - - 4 71 

decorum to be observed whilst putting - 25 75 

when, by whom, and how, divided - - 38 77 

to be propounded in the order moved . - 99 88 

Quorum, fifteen members may compel the attendance of 47 78 

R. 

Rettding a paper, if objected to, rule respecting the 
Reconsider, rule respecting motions to - 
Reference, order and precedence of motions of 

of motions, to be at the pleasure of the House 
Reports of committees, when to be made 
Reports to be made to Congress, clerk to make a list of - 
Resolutions, when they may be submitted, &c. 

&c. requiring the assent of the Senate to be 
laid on the table one day before acted on, &c . 44 77 



20 


75 


16 


74 


45 


78 


46 


78 


37 


77 


33 


76 


84 


86 


36 


77 


46 


78 


19 


74 


13 


73 



42 


77 


41 


77 


33 


76 


39 


77 


17 


74 


79 


85 


17 


74 



HOUSE OP REPRESENTATIVES. 97 

Rule. Page. 
Resolutions, calling on Executive officers for information, 

to lie one day - - - - 46 78 

Eiders, engrossed bills not to be amended by - - 92 87 

Rules, how to be amended, rescinded, or suspended - 104 89 

S. 

Secrecy, rule relating to - - - - 82 86 

Senate, all orders to be laid on the table one day which 

require the assent of the - 

Sergeant-at-Jirms to be appointed, and duty of the 
fees of the - 
to be sworn to secrecy 
Speak, Speaker to designate the member who is first to 
Speaker to take the chair at the hour of meeting 
to have preference in speaking to order 
to rise in putting questions - 
may substitute a member in his place - 
cases in which he shall or shall not vote 
to sign acts, addresses, writs, subpoenas, &c. 
divine service not to be performed in the Hall 
unless by his consent - 

Speaking, rules to be observed in, in the House 20, 21, 22, 23 

in Committee of the Whole "• 
private discourse not to be entertained, nor 
is any person to pass between the chair 
and a member who is 
Stenographers may be admitted by the Sneaker 
Strike out and insert, rule respecting motions to 
Substitute for a proposition, rule respecting a - 



Taxes or duties, rules respecting the imposition of 100, 101 
Tellers may be appointed to count in certain cases 



43 


77 


53 


79 


54 


79 


83 


86 


22 


75 


1 


71 


2 


71 


3 


71 


6 


72 


9 


72 


11 


72 


.06 


89 


>, 23 


75 


103 


88 


25 


75 


14 


73 


38 


77 


40 


77 


.01 


88 


4 


71 



u. 

Unfinished business to have precedence, 8cc. 

V. 



43 77 



Vote, every member present shall vote unless excused 28 76 
of persons in interest prohibited - - - 26 75 

9 



9S INDEX TO THE RULES, &C. 

V. 

Voting, no member without the bar considered as - 27 76 

W. 

Withdrawal (of motions) rule respecting the - - 31 76 

Writing , motions to be reduced to, if desired - • 30 76 

Writs, subpoenas, &c. to be signed by the Speaker, &c. 11 72 

Y. 

Yeas and nays to be taken alphabetically - - 48 78 



07 



PARLIAMENTARY PRACTICE, 



roa 



THE USE OF THE SENATE 



OF THE 



UNITED STATES, 



BY THOMAS JEFFERSON. 



TABLE OP CONTENTS* 



, 1. Rules, importance of. 

2. Legislature. 

3. Privilege. 

4. Elections. 

5. Qualifications. 

6. Quorum. 

7. Call of the House. 

8. Absence. 

9. Speaker. 

10. Address. 

11. Committees. 

12. Committee of the Whole. 

13. Examination before Committees, &e< 

14. Arrangement of business. 

15. Order. 

16. Order, respecting papers. 

17. Order, in debate. 

18. Orders of the House. 

19. Petitions. 

20. Motions. 

21. Resolutions. 

22. Bills. Readings. 

23. " Leave to bring in. 

24. a First reading. 

25. " Second reading. 

26. " Commitment. 

27. " Report of Committee. 

28. " Recommitment. 

29. " Report taken up. 

30. " Quasi Committee. 

31. " Second reading in the House, 

9* 



102 TABLE OF CONTENTS. 

Sec. 32. Bills. Reading papers. 

33. " Privileged questions. 

34. u Previous question. 

35. " Amendments. 

36. " Division of question. 

37. " Co-existing questions. 

38. " Equivalent questions. 

39. " The question. 

40. " Third reading. 

41. " Division of the House. 

42. " Title. 

43. Reconsideration. 

44. Bills sent to the other House. 

45. Amendments between the Houses 

46. Conferences. 

47. Messages. 

48. Assent. 

49. Journals. 

50. Adjournment. 

51. Session. 

52. Treaties. 

53. Impeachment. 



PREFACE. 



The Constitution of the United States, establishing a 
legislature for the Union under certain forms, author- 
izes each branch of it ' to determine the rules of its own 
proceedings.' The Senate have accordingly formed 
some rules for its own government : but these going 
only to few cases, they have referred to the decision of 
their President, without debate and without appeal, all 
questions of order arising either under their own rules, 
or where they have provided none. This places under 
the discretion of the President a very extensive field of 
decision, and one which, irregularly exercised, would 
have a powerful effect on the proceedings and determi- 
nations of the House. The President must feel, weightily 
and seriously, this confidence in his discretion; and the 
necessity of recurring, for its government, to some 
known system of rules, that he may neither leave him- 
self free to indulge caprice or passion, nor open to the 
imputation of them. But to what system of rules is he 
to recur, as supplementary to those of the Senate ? To 
this there can be but one answer. To the system of 
regulations adopted for the government of some one of 
the parliamentary bodies within these States, or of that 
which has served as a prototype to most of them. This 
last is the model which we have all studied, while we 



104 PREFACE. 

are little acquainted with the modifications of it in our 
several States. It is deposited, too, in publications pos- 
sessed by many, and open to all. Its rules are probably 
as wisely constructed for governing the debates of a 
considerative body, and obtaining its true sense, as any 
which can become known to us ; and the acquiescence 
of the Senate, hitherto, under the references to them, 
has given them the sanction of their approbation. 

Considering, therefore, the law of proceedings in the 
Senate as composed of the precepts of the Constitution, 
the regulations of the Senate, and, where these are silent, 
of the rules of Parliament, I have here endeavored to 
collect and digest so much of these as is called for in 
ordinary practice, collating the Parliamentary with the 
Senatorial rules, both where they agree and where they 
vary. I have done this, as well to have them at hand 
for my own government, as to deposite with the Senate 
the standard by which I judge, and am willing to be 
judged. I could not doubt the necessity of quoting the 
sources of my information ; among which Mr. HatsePs 
most valuable book is pre-eminent ; but as he has only 
treated some general heads, I have been obliged to recur 
to other authorities in support of a number of common 
rules of practice, to which his plan did not descend. 
Sometimes each authority cited supports the whole pas- 
sage. Sometimes it rests on all taken together. Some- 
times the authority goes only to a part of the text, the 
residue being inferred from known rules and principles. 
For some of the most familiar forms no written authority 
is, or can be quoted: no writer having supposed it ne- 



< 



PREFACE. 105 

eessary to repeat what all were presumed to know. 
The statement of these must rest on their notoriety. 

I am aware that authorities can often be produced in 
opposition to the rules which I lay down as parliamen- 
tary. An attention to dates will generally remove their 
weight. The proceedings of Parliament in ancient 
times, and for a long while, were crude, multiform, and 
embarrassing. They have been, however, constantly 
advancing towards uniformity and accuracy, and have 
now attained a degree of aptitude to their object beyond 
which little is to be desired or expected. 

Yet I am far from the presumption of believing that 
I may not have mistaken the parliamentary practice in 
some cases, and especially in those minor forms, which, 
being practised daily, are supposed known to every 
body, and therefore have not been committed to writing. 
Our resources, in this quarter of the globe, for obtaining 
information on that part of the subject, are not perfect. 
But I have begun a sketch, which those who come after 
me will successively correct and fill up, till a code of 
rules shall be formed for the use of the Senate, the effects 
of which may be accuracy in business, economy of 
time, order, uniformity, and impartiality. 



NOTE. — The rules and practices peculiar to the Senate, are 
printed in Italics. 
Those of Parliament are in the Roman letter. 



A MANUAL 



OF 

PARLIAJ^ENTAHIT PRACTICE. 



IMPORTANCE OF RULES. 



Sec. 1. THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the 
House of Commons, used to say, " it was a maxim he 
<( had often heard when he was a young man, from old 
" and experienced members, that nothing tended more 
" to throw power into the hands of administration, and 
" those who acted with the majority of the House of 
66 Commons, than a neglect of, or departure from, the 
" rules of proceeding: that these forms, as instituted 
u by our ancestors, operated as a check and control on 
" the actions of the majority, and that they were, in 
" many instances, a shelter and protection to the mi- 
" nority, against the attempts of power/' So far 
the maxim is certainly true, and is founded in good 
sense, that as it is always in the power of the majority, 
by their numbers, to stop any improper measures pro- 
posed on the part of their opponents, the only weapons 
by which the minority can defend themselves against 
similar attempts from those in power, are the forms and 
rules of proceeding, which have been adopted as they 
were found necessary, from time to time, and are become 
the law of the House; by a strict adherence to which, 
the weaker party can only be protected from those 
irregularities and abuses, which these forms were in- 



108 MANUAL. 

tended to check, and which the wantonness of power is 
but too often apt to suggest to large and successful ma- 
jorities. 2 Hats. 171, 172. 

And whether these forms be in all cases the most ra- 
tional or not, is really not of so great importance. It 
is much more material that there should be a rule to go 
by, than what that rule is; that there may be a uni- 
formity of proceeding in business, not subject to the 
caprice of the Speaker, or captiousness of the members. 
It is very material that order, decency, and regularity 
be preserved in a dignified public body. 2 Hats. 149. 



Sec. n. LEGISLATURE. 

All Legislative powers herein granted, shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 
Constitution of the United States, Art. 1. Sec. 1. 

The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by 
law, and paid out of the Treasury of the United 
States. Constitution of the United States, Art. 1, 
Sect. 6. 

For the powers of Congi*ess, see the following Ar- 
ticles and Sections of the Constitution of the United 
States. I. 4. 7. 8. 9. II. 1. 2. III. 3. IV. 1. 3. 5. and 
all the amendments. 



Sec. III. PRIVILEGE. 



The privileges of the members of Parliament, from 
small and obscure beginnings, have been advancing for 
centuries with a firm and never yielding pace. Claims 
seem to have been brought forward, from time to time, 



PRIVILEGE. 109 

and repeated, till some example of their admission en- 
abled them to build law on that example. We can only 
therefore state the point of progression at which they 
now are. It is now acknowledged, 1st. That they 
are at all times exempted from question elsewhere for 
any thing said in their own house; that during the time 
of privilege, 2d. Neither a member himself, his* wife, 
or his servants, [familiares sui] for any matter of their 
own, may bet arrested on mesne process, in any civil suit: 
3d. Nor be detained under execution, though levied be- 
fore time of privilege: 4th. Nor impleaded, cited, or 
subpoenaed in any court: 5th. Nor summoned as a wit- 
ness or juror: 6th. Nor may their lands or goods be dis- 
strained: 7th. Nor their persons assaulted, or charac- 
ters traduced. And the period of time, covered by 
privilege, before and after the session, with the practice 
of short prorogations under the connivance of the 
crown, amounts in fact to a perp tual protection against 
the course of justice. In one instance indeed it has 
been relaxed by the 10. G. 3. c. 50. which permits judi- 
ciary proceedings to go on against them. That these 
privileges must be continually progressive, seems to re- 
sult from their rejecting all definition of them; the doc- 
trine being that " their dignity and independence are 
" preserved by keeping their privileges indefinite; and 
" that ' the maxims upon which they proceed, together 
" with the method of proceeding, rest entirely in their 
" own breast, and are not defined, and ascertained by 
" any particular stated laws. 5 " 1 Blackst. 163, 164. 
// was probably from this view of the encroaching 
character of privilege, that the f ranters of our Con- 
stitution, in their care to provide that the laws shall 
bind equally on all, and especially that those who 
make them shall not exempt themselves from their 

* Order of the House of Commons, 1663, July 16. 
f Elsynge 217, 1 Hats. 21. 1 Grey's Deb. 133, 
10 



110 MANUAL. 

operation, have only privileged "Senators and Re- 
presentatives" themselves from the single act of 
"arrest in all cases, except treason, felony and breach 
of the peace, during their attendance at the session of 
their respective houses, and in going to and return- 
ing from the same, and from being questioned in any 
other place for any speech or debate in either house." 
Const. U. S. Art. 1. Sec. 6. Under the general au- 
thority " to make all laws necessary and proper for 
carrying into execution the powers given them," 
Const. U. S. Art. 2. Sec. 8. they may provide by law 
the details which may be necessary for giving full 
effect to the enjoyment of this privilege. No such law 
being as yet made, it seems to stand at present on 
the following ground. 1. The act of arrest is void, 
ab initio* 2. The ?nember arrested may be dis- 
charged on motion. 1. Bl 166. 2 Stra. 990. or by 
habeas corpus under the Federal or State authority, 
as the case may be; or by a writ of privilege out of 
the Chancery, 2 Stra. 989, in those States which 
have adopted that part of the laws of England. Or- 
ders of the House of Commons, 1550, February 20. 
3. The arrest being unlawful, is a trespass for 
ivhich the officer and others concerned are liable to 
action or indictment in the ordinary courts of justice, 
as in other cases of unauthorized arrest. 4. The 
court before ivhich the process is returnable is bound 
to act as in other cases of unauthorized proceeding, 
and liable also, as in other similar cases, to have 
their proceedings staid or corrected by the superior 
courts* 

The time necessary for going to, and returning 

from, Congress, not being defined, it will, of course, 

be judged of in every particular case by those who will 

have to decide the case. While privilege was under- 

* 2 Stra. 989. 



PRIVILEGE. Ill 

stood in England to extend, as it does here, only to ex- 
emption from arrest, eundo, morando, et redeundo, the 
House of Commons themselves decided that " a conve- 
nient time was to be understood." (1580,) 1 Hats. 99, 
100. Nor is the law so strict in point of time as to re- 
quire the party to set out immediately on his return, 
but allows him time to settle his private affairs, and to 
prepare for his journey; and does not even scan his road 
very nicely, nor forfeit his protection for a little devia- 
tion from that which is most direct; some necessity per- 
haps constraining him to it. 2 Stra. 986, 987. 

This privilege from arrest, privileges of course 
against all process the disobedience to which is punish- 
able by an attachment of the person; as a subpoena ad 
respondendum, or testificandum, or a summons on a ju- 
ry; and with reason; because a member has superior 
duties to perform in another place. When a represen- 
tative is withdrawn from his seat by summons, the 
40,000 people whom he represents lose their voice in 
debate and vote, as they do on his voluntary absence: 
when a senator is withdrawn by summons, his State 
loses half its voice in debate and vote, as it does on 
his voluntary absence. The enormous disparity of 
evil admits no comparison. 

So far there will probably be no difference of opi- 
nion as to the privileges of the two houses of Con- 
gress: but in the following cases it is otherwise. In 
Dec. 1795, the H. of R. committed two persons of the 
name of Randall and Whitney ', for attempting to cor- 
rupt the integrity of certain members; which they 
considered as a contempt and breach of the privileges 
of the house: and the facts being proved, Whitney 
was detained in confinement a fortnight, and Randall 
three weeks, and was reprimanded by the Speaker. 
— In March, 1796, the H. of R. voted a challenge 
given to a member of their house to be a breach of the 
privileges of the house; but satisfactory apologies 



112 MANUAL. 

and acknowledgments being made, no farther pro- 
ceeding was had. — The editor of the Aurora having •, 
in his paper of February 19, 1800, inserted some pa- 
ragraphs defamatory of the Senate, and failed in 
his appearance, he was ordered to be committed. In 
debating the legality of this order, it was insisted, in 
support of it, that every man, by the law of nature, 
and every body of men, possess^ the right of self de- 
fence; that all public functionaries are essentially 
invested with the powers of self preservation; that 
they have an inherent right to do all acts necessary to 
keep themselves in a condition to discharge the trusts 
confided to them; that whenever authorities are 
given, the means of carrying them into execution 
are given by necessary implication; that thus we 
see the British parliament exercise the right of pun- 
ishing contempts; all the State Legislatures exercise 
the same power; and every court does the same; that, 
if we have it not, we sit at the mercy of every in* 
trader who may enter our doors or gallery, and, by 
noise and tumult, render proceeding in business im- 
practicable; that if our tranquillity is to be perpetu- 
ally disturbed by newspaper defamation, it will not 
be possible to exercise our functions with the re- 
quisite coolness and deliberation; and that we must 
therefore have a power to punish these disturbers of 
our peace and proceedings. To this it was answer ed^ 
that the parliament and courts of England have cog- 
nisance of contempts by the express provisions of 
their law; that the State legislatures have equal au- 
thority, because their powers are pie, dry; they re- 
present their constituents completely, and possess all 
their powers, except such as their constitutions have 
expressly denied them; that the courts of the several 
States have the same powers by the laws of their 
Slates, and those of the federal government by the 
same State laws adopted in each State, by a law of 



PRIVILEGE. 113 



Congress; that none of these bodies, therefore, derive 
those powers from natural or necessary right, but 
from express law; that Congress have no such natu- 
ral or necessary power, nor any powers but such as 
are given them by the constitution; that that has 
given them, directly, exemption from personal arrest, 
exemption from question elsewhere for ivhat is said 
in their house, and power over their own members 
and proceedings; for these no further law is necessa- 
ry, the constitution being the law; that, moreover, 
by that article of the constitution which authorizes 
them « to make all laws necessary and proper J or 
carrying into execution the powers vested by the con- 
stitution in them," they may provide by law for an 
undisturbed exercise of their functions, e. g. for the 
punishment of contempts, of affrays or tumult in 
their presence, 8,-c. but, till the law be made, it does 
not exist; and does not exist, from their own neglect; 
that, in the mean time, however, they are not unpro- 
tected, the ordinary magistrates and courts of law 
being open and competent to punish all unjustifiable 
disturbances or defamations, and even their own ser- 
geant, who may appoint deputies ad libitum to aid 
him, 3 Grey, 59. 147. 255. is equal to small disturb- 
ances; that in requiring a previous la , the consti- 
tution had regard to the inviolability of the citizen, 
as well as of the member; as, should one house in the 
regular form of a bill, aim at too broad privileges, 
it may be checked by the other, and both by the Pre- 
sident; and also as, the law being promulgated, the 
citizen will know how to avoid offence. But if one 
branch may assume its own privileges without con- 
trol, if it may do it on the spur of the occasion, con- 
ceal the laiv in its own breast, and after the fact 
committed, make its sentence both the law and the 
judgment on that fact; if the off nee is to be kept 
^undefined, and to be declared only ex re nata, ana 
10* 



114 MANUAL. 

according to the passions of the moment, and there 
be no limitation either in the manner or measure of 
the punishment, the condition of the citizen will be 
perilous indeed. Which of these doctrines is to pre- 
vail, time will decide. Where there is no fixed law, 
the judgment on any particular case is the law of 
that single case only, and dies with it. When a new 
and even a similar case arises, the judgment which is 
to make, and at the same time apply the law, is open 
to question and consideration, as are all new laws. 
Perhaps Congress, in the mean time, in their care for 
the safety of the citizen, as well as that for their own 
protection, may declare by law what is necessary and 
proper to enable them to carry into execution the 
powers vested in them, and thereby hang up a rule 
for the inspection of all, which may direct the con- 
duct of the citizen, and at the same time test the 
judgments they shall themselves pronounce in their 
own case. 

Privilege from arrest takes place by force of the elec- 
tion ; and before a return be made a member elected 
may be named of a committee and is to every intent a 
member, except that he cannot vote until he is sworn. 
Memor. 107, 108. D' Ewes, 642. col. 2. 643. col. 1. 
Pet Miscel. Pari 119. Lex. Pari. c. 23. 2 Hats. 22. 62. 

Every man must, at his peril, take notice who are 
members of either house returned of record. Lex. 
Pari. 23. 4i?ist. 24. 

On complaint of a breach of privilege, the party may 
either be summoned, or sent for in custody of the ser- 
geant. 1 Grey, 88. 95. 

The privilege of a member is the privilege of the 
house. If the member waive it without leave, it is a 
ground for punishing him, but cannot in effect waive the 
privilege of the house. 3 Grey, 140. 222. 

For any speech or debate in either house, they shall 
not be questioned in any other place. Const. U. S. L 



PBIV'ILEGE 



115 



6 <S'. P. protest of the Commons to James I. 1621. 
2 Rapin. No. 54./?. 211, 212. But this is restrain- 
ed to tilings done in the house in a parliamentary course. 
1 Rush. 663. For he is not to have privilege contra 
morem parliamentarium, to exceed the bounds and lim- 
its of his place and duty. Com. p. 

If an offence be committed by a member in the house, 
of which the house has cognisance, it is an infringement 
of their right for any person or court to take notice of 
it, till the house has punished the offender, or referred 
him to a due course. Lex. Pari. 63. 

Privilege is in the power of the house, and is a re- 
straint to the proceeding of inferior courts; but not of the 
house itself. 2 Nalson, 450. 2 Grey, 399. For 
whatever is spoken in the house is subject to the censure 
of the house; and offences of this kind have been severe- 
ly punished by calling the person to the bar to make sub- 
mission, committing him to the tower, expelling the 
house, &c. Scob. 72. L. Pari. c. 22. 

It is a breach of order for the speaker to refuse to put 
a question which is in order. 2 Hats. 175, 6. 5 Grey, 

133. 

And even in cases of treason, felony, and breach of 
the peace, to which privilege does not extend as to sub- 
stance, yet in parliament a member is privileged as to 
the mode of proceeding. The case is first to be laid be- 
fore the house, that it may judge of the fact and 
of the grounds of the accusation, and how far forth the 
manner of the trial may concern their privilege. Other- 
wise it would be in the power of other branches of the 
government, and even of every private man, under pre- 
tences of treason, &c. to take any man from his service 
in the house, and so as many, one after another, as vvould 
make the house what he pleaseth. Dec. of the Com. 
on the King's declaring Sir John Hotham a traitor. 
4 Rushw. 586. So when a member stood indicted tor 
felony, it was adjudged that he ought to remain of the 



116 MANUAL. 

house till conviction. For it may be any man's case, 
who is guiltless, to be accused and indicted of felony, or 
the like crime. 23 El 1580. JD'JEwes, 283. col. 1. 
Lex. Pari. 133. 

When it is found necessary for the public service to 
put a member under arrest, or when, on any public in- 
quiry, matter comes out which may lead to affect the per- 
son of a member, it is the practice immediately to ac- 
quaint the house that they may know the reasons for 
such a proceeding, and take such steps as they think pro- 
per. 2 Hats. 259. Of which see many examples. lb. 
256, 257, 258. But the communication is subsequent 
to the arrest. 1 Blackst. 167. 

It is highly expedient, says Hatsell, for the due pre- 
servation of the privileges of the separate branches of 
the legislature, that neither should encroach on the other, 
or interfere in any matter depending before them, so as 
to preclude, or even influence that freedom of debate, 
which is essential to a free council. They are therefore 
not to take notice of any bills or other matters depending, 
or of votes that have been given, or of speeches which 
have been held, by the members of either of the other 
branches of the legislature, until the same have been 
communicated to them in the usual parliamentary man- 
ner. 2 Hats. 252. 4 Inst 15. Seld. Jud. 53. Thus 
the king's taking notice of the bill, for suppressing sol- 
diers, depending before the house, his proposing a pro- 
visional clause for a bill before it was presented to him 
by the two houses; his expressing displeasure against 
some persons for matters moved in parliament during 
the debate and preparation of a bill, were breaches of 
privilege; 2 Nalson, 743; and in 1783, December 17^ 
it was declared a breach of fundamental privileges, &c. 
to report any opinion or pretended opinion of the king, 
on any bill or proceeding depending in either house of 
parliament, with a view to influence the votes of the 
members. 2 Hats. 251, 6. 



QUALIFICATIONS. H? 



Sec. IV. ELECTIONS. 

The times,places, and manner of holding elections 
for senators and representatives shall \e prescribed 
in each State by the legislature thereof; but the Con- 
gress may at any lime by law make or alter such re- 
gulations, except asto theplaces of choosing senators. 

y °Each 'house shall be the judge of the elections, re- 
turns, and qualifications of its own members. Const. 
I. 5. 



Sec. V. QUALIFICATIONS. 

The Senate of the United States shall be composed 
of two senators from each State, chosen by the legisla- 
ture thereof for six years, and each senator shall have 

one vote. . 7 , . 

Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided as 
equally as may be into three classes. The seats oj the 
senators of the first class shall be vacated at the end of 
the 2d year; of the second class at the expiration oj 
the 4th year ; and of the third class at the expiration 
of the 6th year ; so that one-third may be chosen every 
second year ; and if vacancies happen by resignation 
or otherwise, during the recess of the legislature of 
any State, the Executive thereof may make tempora- 
ry appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies. 

No person shall be a senator toho shall not have at- 
tained to the age of 30 years, and been 9 years a citi- 
zen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he 
shall be chosen. Const. I. 3. 

The House of Representatives shall be composed ot 



ilS MANUAL. 



members chosen every second year, by the people of the 
several States ; and the electors in each State shall 
have the qualifications requisite for electors of the 
most numerous branch of the State legislature. 

No person shall be a representative who shall not 
have attained to the age of 25 years, and been seven 
years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

Representatives and direct taxes shall be appor- 
tioned among the several States which may be includ- 
ed ivithin this Union, according to their respective 
numbers; which shall be determined by adding to the 
whole number of free persons, including those bound 
to service for a term of years, and including Indians 
not taxed, three-fifths of all other persons. The ac- 
tual enumeration shall be made within three years 
after the first meeting of the Congress of the United 
States, and ivithin every subsequent term of ten 
years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one 
for every thirty thousand, but each State shall have 
at least one representative. Constitution of the U. 
States, I. 2. 

The provisional apportionments of representatives 
made in the Constitution in 1787, and afterwards by 
Congress, were as follows i 



QUALIFICATIONS. 



119 



States. 


1787. 


1790. 


1800. 


1810. 


1820.* 


Maine 














7 


New-Hampshire 
Massachusetts - 


3 

8 


4 
14 


5 
17 


6 
20 


6 
13 


Rhode-Island - 


1 


2 


2 


2 


2 


Connecticut 


5 


7 


7 


7 


6 


New- York 


6 


10 


17 


27 


34 


New-Jersey 
Pennsylvania - 
Delaware 


4 

8 
1 


5 

13 

1 


6 
18 

1 


6 
23 

2 


6 

26 

1 


Maryland 
Virginia 


6 
10 


8 
19 


9 
22 


9 

28 


9 

22 


North-Carolina 


5 


10 


12 


13 


13 


South-Carolina 


5 


6 


8 


9 


9 


Georgia 
Vermont 


3 

2 


2 

2 


4 
4 


6 
6 


7 
5 


Kentucky 
Tennessee 


2 



♦ 2 
1 


6 
3 


10 

6 


12 

9 


Ohio 








1 


6 


14 


Louisiana 













3 


Indiana 













3 


Mississippi 
Illinois 
















1 
1 


Alabama 













2 


Missouri 














1 



When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fi 11 such vacancies. L 2. 

No senator or representative shall, during the time 
for which he was elected, be appointed to any civil 
office under the authority of the United States, which 

* Agreeably to act of 3d of March, 1S23 S fixing the ratio of one 
for forty thousand. 



120 MANUAL. 

shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no 
person holding any office under the United States, 
shall be a member of either house during his contin- 
uance in office. Const. I. 6. 



Sec. VI. QUORUM. 

•ft majority of each house shall constitute a quorum 
to do business: but a smaller number may adjourn 
from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. 
Const. I. 5. 

In genera], the chair is not to be taken till a quorum 
for business is present ; unless, after due waiting, such 
a quorum be despaired of, when the chair may be taken 
and the house adjourned. And whenever, during bu- 
siness, it is observed that a quorum is not present, an} 7 " 
member may call for the house to be counted, and being 
found deficient, business is suspended. 2 Hats. 125, 
126. 

The President having taken the chair, and a quo- 
rum being present, the journal of the preceding day 
shall be read, to the end that any mistake may be cor- 
rected that shall have been made in the entries. Rules 
of the Senate, 1. 



Sec. VH. CALL OF THE HOUSE. 

On a call of the House, each person rises up as he is 
called and answereth; the absentees are then only noted, 
but no excuse to be made till the house be fully called 
over. Then the absentees are called a second time, 



SPEAKER. 22 1 

and if still absent, excuses are to be heard. Ord. House 
of Commons, 92. 

They rise that their persons may be recognised; the 
voice, in such a crowd, being an insufficient verifica- 
tion of their presence. But in so small a body as the 
Senate of the United States, the trouble of rising can- 
not be necessary. 

Orders for calls on different days may subsist at the 
same time. 2 Hats. 72. 



Sec. VIII. ABSENCE. 

No member shall absent himself from the service of 
the Senate, without leave of the Senate first obtain- 
ed. And in case a less number than a quorum of 
the Senate shall convene, they are hereby authorized 
to send the Sergeant-at-arms, or any other person or 
persons by them authorized, for any or all absent 
members, as the majority of such members present 
shall agree, at the expense of such absent members 
respectively, unless such excuse for non-attendance 
shall be made, as the Senate, when a quorum is con- 
vened, shall judge sufficient: and in that case the ex- 
pense shall be paid out of the contingent fund. And 
this rule shall apply as well to the first convention of 
the Senate, at the legal time of meeting, as to each 
day of the session, after the hour is arrived, to which 
the Senate stood adjourned. Rule 8. 



Sec. IX. SPEAKER. 

The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless 
they be equally divided. Constitution, I. 3. 

11 



122 MANUAL. 

The Senate shall choose their officers, and also 
a President pro tempore in the absence of the Vice- 
President , or when he shall exercise the office of Pre- 
sident of the United States. lb. 

The House of Representatives shall choose their 
Speaker and other officers. Const. I. 2. 

When but one person is proposed, and no objection 
made, it has not been usual in parliament to put any 
question to the house; but without a question, the mem- 
bers proposing him, conduct him to the chair. But if 
there be objection, or another proposed, a question is 
put by the clerk. 2 Hats 15S. As are also questions 
of adjournment. 6 Grey, 406. Where the house de- 
bated and exchanged messages and answers with the 
king for a week, without a speaker, till they were pro- 
rogued. They have done it de diem in diem for 14 days. 
1 Chand. 331. 335. 

In the Senate, a President pro tempore in the ab- 
sence of the Vice-President is proposed and chosen 
by ballot. His office is iniderstood to be determinea 
on the Vice-President' } s appearing and taking the 
chair, or at the meeting of the Senate after the first 
recess. 

Where the speaker has been ill, other speakers pro 
tempore have been appointed. Instances of this, are 1 
H 4. Sir John Cheyney, and for Sir Wm. Sturton, 
and in 15 H. 6. Sir John Tyrrel, in 1656, Jan. 27, 
1658. Mar. 9, 1659. Jan. 13. 

Sir Job Charlton ill, Seymour" 

chosen 1673, Feb. 18. ^, j 

Seymour being ill, Sir Robert . gJ. P r , 

« J i ?r~o . \ -i i - > tempore. 1 Cnand. 

Sawyer chosen, 16/8, April lo. 

Sawyer being ill, Seymour cho- 
sen. 

Thorpe in execution, a new speaker chosen. 31 H. 
VI. 3 Grey, 11. and Mar. 14, 1694, Sir John Trevor 



169. 276, 277. 



COMMITTEES. 123 

chosen. There have been no later instances. 2 Hats. 
161. 4 inst. 8 L. Pari. 263. 

A speaker may be removed at the will of the house, 
and a speaker pro tempore appointed.* 2 Grey, 186. 
5 Grey, 134. 



Sec. X. ADDRESS. 

The President shall, from time to time, give to the 
Congress informatiori of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient. Const. II. 3. 

A joint address of both Houses of Parliament is read 
by the Speaker of the House of Lords. It may be at- 
tended by both Houses in a body, or by a Committee 
from each House, or by the two Speakers only. An ad- 
dress of the House of Commons only, may be present- 
ed by the whole House, or by the Speaker, 9 Grey, 
473. 1 Chandler, 298. 301; or by such particular mem- 
bers as are of the privy council. 2 Hats. 21 S. 



Sec. XI. COMMITTEES. 

Standing Committees, as of Privileges and Elections, 
&c, are usually appointed at the first meeting, to con- 
tinue through the session. The person first named is 
generally permitted to act as chairman. But this is a 
matter of courtesy; every Committee having a right to 
elect their own chairman, who presides over them, puts 
questions, and reports their proceedings to the House. 
4 inst. 11, 12. Scob. 9. 1 Grey, 122. 

* Rule 23. The Vice-President, or President of the Senate, pro 
tempore, shall have the right to name a member to perform the 
duties of the chair; but such substitution shall not extend beyond 
an adjournment* 



124 MANUAL. 

At these Committees the members are to speak stand- 
ing, and not sitting: though there is reason to conjecture 
it was formerly otherwise. D'Ewes, 630. col. 1. 4. 
Pari Hist. 440. 2 Hats. 77. 

Their proceedings are not to be published, as they 
are of no force till confirmed by the House. Rushw. 
part. 3. vol. 2. 74. 3 Grey, 401. Scob. 39. Nor can 
they receive a petition but through the House. 9 Grey f 
412. 

When a Committee is charged with an inquiry, if a 
member prove to be involved, they cannot proceed 
against him, but must make a special report to the 
House; whereupon the member is heard in his place, or 
at the bar, or a special authority is given to the Com- 
mittee to inquire concerning him. 9 Grey, 523. 

So soon as the House sits, and a Committee is noti- 
fied of it, the chairman is in duty bound to rise in- 
stantly, and the members to attend the service of the 
House. 2 Nals. 319. 

It appears that on joint Committees of the Lords and 
Commons, each Committee acted integrally in the fol- 
lowing instances: 7 Grey, 261. 278. 285. 338. 1 Chand- 
ler, 357. 462. In the following instances it does not 
appear whether they did or not: 6 Grey, 129. 7 Grey 9 
213. 229. 321.* 

* Rule 33. The following Standing Committees, to consist of five 
members, each, shall be appointed at the commencement of each 
session, with leave to report by bill or otherwise: 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands, 

A Committee on Private Land Claims, 

A Committee on Indian Affairs. 



COMMITTEE OF THE WHOLE. 125 

Sec. XII. COMMITTEE OF THE WHOLE. 

The speech, messages, and other matters of great con- 
cernment, are usually referred to a committee of the 
whole house, 6 Grey, 311. where general principles 
are digested in the form of resolutions, which are debated 
and amended till they get into a shape which meets 
the approbation of a majority. These being reported 
and confirmed by the house, are then referred to one or 
more select committees, according as the subject divides 
itself into one or more bills. Scob. 36. 44. Proposi- 
tions for any charge on the people are especially to be 
first made in a committee of the whole. 3 Hats. 127. 
The sense of the whole is better taken in committee, 
because in all committees every one speaks as often as 
he pleases. Scob. 49. They generally acquiesce in 
the chairman named by the speaker; but, as well as all 
other committees, have a right to elect one, some mem- 
ber, by consent, putting the question. Scob. 36. 3 
Grey, 301. The form of going from the house into com- 
mittee, is for the speaker, on motion, to put the ques- 
tion that the house do now resolve itself into a commit- 
tee of the whole to take under consideration such a mat- 
ter, naming it. If determined in the affirmative, he 
leaves the chair, and takes a seat elsewhere, as any other 
member; and the person appointed chairman seats him- 



A Committee of Claims. 

A Committee on the Judiciary. 

A Committee on the Post Office and Post Roads. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee of three members, whose duty it shall be to audit 
and control the contingent expenses of the Senate, 

And a Committee, consisting 1 of three members, whose duty i f 
shall be to examine all bills, amendments, resolutions, or motions, 
before they go out of the possession of the Senate* and to make 
report that they are correctly engrossed; which report shall be en 
tered on the journal. 



126 MANUAL, 

self at the clerk's table. Scob. 36. Their quorum 1* 
the same as that of the house: and if a defect happens, 
the chairman, on a motion and question, rises, the 
speaker resumes the chair, and the chairman can make 
no other report than to inform the house of the cause of 
their dissolution. If a message is announced during a 
committee, the speaker takes the chair, and receives it 
because the committee cannot. 2 Hats. 125, 126. 

In a committee of the whole, the tellers on a division, 
differing as to numbers, great heats and confusion arose, 
and danger of a decision by the sword. The speaker 
took the chair, the mace was forcibly laid on the table; 
whereupon, the members retiring to their places, the 
speaker told the house ' he had taken the chair withoutan 
order, to bring the house into order.' Some excepted 
against it; but it was generally approved as the only 
expedient to suppress the disorder. And every mem- 
ber was required, standing up in his place, to engage 
that he would proceed no further in consequence of what 
had happened in the grand committee, which was done. 
3 Grey , 128. 

A committee of the whole being broken up in disor- 
der, and the chair resumed by the speaker without an 
order, the house was adjourned. The next day the com- 
mittee was considered as thereby dissolved, and the sub- 
ject again before the house; and it was decided in the 
house, without returning into committee. 3 Grey, 1 30. 

No previous question can be put in a committee; nor 
can this committee adjourn as others may; but if their 
business is unfinished, they rise, on a question, the 
house is resumed, and the chairman reports that the 
committee of the whole, have, according to order, had 
under their consideration such a matter, and have made 
progress therein ; but not having had time to go through 
the same, have directed him to ask leave to sit again. 
Whereupon a question is put on their having leave, and 
on the time the house will again resolve itself into a 



EXAMINATION OF WITNESSES. 127 

committee. Scob. 38. But if they have gone through 
the matter referred to them, a member moves that the 
committee may rise, and the chairman report their 
proceedings to the house ; which being resolved, the 
chairman rises, the speaker resumes the chair, th^e chair- 
man informs him that the committee have gone through 
the business referred to them, and that he is ready to 
make report when the house shall think proper to re- 
ceive it. If the house have time to receive it, there is 
usually a cry of 'now, now/ whereupon he makes the 
report : but if it be late, the cry is 6 to-morrow, to-mor- 
row/ or * on Monday, &e.' or a motion is made to that 
effect, and a question put that it be received, to-mor- 
row, &c. Scob, 38. 

In other things the rules of proceeding are to be the 
same as in the house. Scob. 39. 



Sec Xni. EXAMINATION OF WITNESSES. 

Common fame is a good ground for the house to pro- 
ceed by inquiry, and even to accusation. Resolution 
House Commons, 1 Car. 1, 1625. Rush. L. ParL 
115. 1 Gray, 16—22. 92. 8 Grey, 21. 23. 27. 45. 

Witnesses are not to be produced but where the house 
has previously instituted an inquiry, 2 Hats. 102. nor 
then are orders for their attendance given blank, 3 Grey, 
51. 

When any person is examined before a committee, 
or at the bar of the house, any member wishing to ask 
the person a question, must address it to the speaker 
or chairman, who repeats the question to the person, or 
says to him, < you hear the question, answer it.' But 
if the propriety of the question be objected to, the speak- 
er directs the witness, counsel and parties^ to with- 
draw $ for no question can be moved or put, or debated 



126 MANUAL. 

while they are there. 2 Hats. 108. Sometimes the 
questions are previously settled in writing before the 
witness enters, ib. 106, 107. 8 Grey, 64. The ques- 
tions asked must be entered in the journals. 3 Grey, 
81. But the testimony given in answer before the 
house is never written down ; but before a committee 
it must be, for the information of the house who are not 
present to hear it. 7 Grey, 52. 334. 

If either house have occasion for the presence of a 
person in custody of the other, they ask the other their 
leave that he may be brought up to them in custody. 
3 Hats. 52. 

A member, in his place, gives information to the 
house of what he knows of any matter under hearing at 
the bar. Jour. H of C. Jan. 22, 1744-5. 

Either house may request, but not command the at- 
tendance of a member of the other. They are to make 
the request by message to the other house, and to express 
clearly the purpose of attendance, that no improper sub- 
ject of examination may be tendered to him. The house 
then gives leave to the member to attend, if he choose 
it ; waiting first to know from the member himself 
whether he chooses to attend, till which they do not take 
the message into consideration. But when the peers 
are sitting as a court of criminal judicature, they may 
order attendance; unless where it be a case of impeach- 
ment by the Commons. There it is to be a request. 
3 Hats. 17. 9 Grey, 306. 406. 10 Grey, 133. 

Counsel are to be heard only on private, not on pub- 
lic bills, and on such points of law only as the House 
shall direct. 10 Grey, 61. 



Sic. XIV. ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules as 
to what bills or other matter shall be first taken up: but 



ARRANGEMENT OF BUSINESS. 129 

is left to his own discretion, unless the House on a ques- 
tion decide to take up a particular subject. Hakew. 136. 

A settled order of business is, however, necessary for 
the government of the presiding person, and to restrain 
individual members from calling up favorite measures, 
er matters under their special patronage, out of their 
just turn. It is useful also for directing the discretion 
of the House, when they are moved to take up a par- 
ticular matter, to the prejudice of others having priority 
of right to their attention in the general order of busi- 
ness. 

In Senate, the bills and other papers which are in 
possession of the House, and in a state to be acted on, 
are arranged every morning, and brought on in the 
following order. 

1. Bills ready for a second reading are read, that 
they may be referred to Committees, and so be put 
under way. But if, on their being read, no motion 
is made for commitment, they are then laid on the 
table in the general file, to be taken up in their just 

turn. 

2. After twelve o'clock, bills ready for it are put 

on their passage. 

3. Reports in possession of the House, which offer 
grounds for a bill, are to be taken up, that the bill 
may be ordered in. 

4. Bills, or other matters before the House, and 
unfinished on the preceding day, whether taken up 
in turn, or on special order, are entitled to be re- 
sicmed and passed on through their present stage. 

5. These matters being despatched, for preparing 
and expediting business, the general file of bills and 
other papers is then taken up, and each Article of it 
is brought on according to its seniority, reckoned by 
the date of its first introduction to the House. Re- 
ports on bills belong to the dates of their bills. 



139 MANUAL. 

\The arrangement of the business of the Senate is 
now as follows : 

1. Motions previously submitted. 

2. Reports of Committees previously made. 

3. Bills from the House of Representatives, and 
those introduced on leave, which have been read the 
first time, are read the second time; and, if not re- 
ferred to a Committee, are considered in Committee 
of the Whole, and proceeded with as in other cases. 

4. After twelve o'clock, engrossed bills of the Se- 
nate , and bills of the House of Representatives, on 
third reading, are put on their passage. 

5. If the above are finished before one o-clock, the 
general file of bills, consisting of those reported from 
Committees on the second reading, and those reported 

from Committees after having been referred, are 
taken up in the order in which they were reported to 
the Senate by the respective Committees. 

6. At one o'clock, if no business be pending, or if 
no motion be made to proceed to other business, the 
special orders are called, at the head of which stands 
the unfinished business of the preceding day.~\ 

In this way we do not waste our time in debating 
ivhat shall be taken up ; we do one thing at a time ; 
folloiu up a subject while it is fresh, and till it is done 
with; clear the House of business gradatim as it is 
brought on, and prevent, to a certain degree, its im- 
mense accumulation towards the close of the session. 

Arrangement, however, can only take hold of mat- 
ters in possession of the House. New matter may be 
?noved at any time, when no question is before the 
House. Such are original motions, and rejwrts on 
bills. Such are bills from the other House, ivhich are 
received at all times, and receive their first reading 
as soon as the question then before the House is dis- 
posed of; and bills brought in on leave, which are 
read first whenever presented. So messages from 



ORDER RESPECTING PAPERS. 131 

the other House, respecting amendments to bills, are 
taken up as soon as the House is clear of a question, 
unless they require to be printed, for better consider- 
ation. Orders of the day may be called for, even 
when another question is before the House. 



Sec. XV. ORDER. 

Each House may determine the rules of its pro- 
ceedings; punish its members for disorderly beha- 
viour; and, with the concurrence of two-thirds, expel 
a member. Const. I. 5. 

In Parliament 'instances make order/ per Speaker 
Onslow. 2 Hats. 141. But what is done only by one 
Parliament, cannot be called custom of Parliament by 
Prynne. 1 Grey, 52. 



Sec. XVI. ORDER RESPECTING PAPERS. 

The clerk is to let no journals, records, accounts, or 
papers, be taken from the table, or out of his custody. 
2 Hats. 193, 194. 

Mr. Prynne having at a committee of the whole 
amended a mistake in a bill without order or knowledge 
of the committee, was reprimanded. 1 Chand. 11. 

A bill being missing, the house resolved that a pro- 
testation should be made and subscribed by the members 
< before Almighty God, and this honorable house, that 
neither myself nor any other to my knowledge, have 
taken away, or do at this present conceal a bill entitled, 
&c. 5 Grey, 202. 

After a bill is engrossed, it is put into the speaker s 
hands, and he is not to let any one have it to look 
into. Town. col. 209. 



132 MANUAL. 

Sec. XVn. ORDER IN DEBATE. 

When the speaker is seated in his chair, every mem- 
ber is to sit in his place. Scob. 6. 3 Grey, 403. 

When any member means to speak, he is to stand up 
in his place, uncovered, and to address himself, not to 
the house, or any particular member, but to the speaker, 
who calls him by his name, that the house may take no- 
tice who it is that speaks. Scob. 6. D' Ewes, 487. Col. 1. 
2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But members 
who are indisposed may be indulged to speak sitting. 
2 Hats. 75. 77. 1 Grey, 195. 

In Senate every member, when he speaks, shall ad- 
dress the chair standing in his place, and when he 
has finished shall sit down. Ride 3. 

When a member stands up to speak, no question is to 
be put, but he is to be heard, unless the house overrule 
him. 4 Grey, 390. 5 Grey, 6. 143. 

If two or more rise to speak nearly together, the 
speaker determines who was first up, and calls him by 
name, whereupon he proceeds, unless he voluntarily 
sits down and gives way to the other. But sometimes 
the house does not acquiesce in the speaker's decision, in 
which case the question is put, ' which member was first 
up?' 2 Hats. 76. Scob. 7. D'Ewes, 434. col. 1, 2. 
In the Senate of the United States, the President's 
decision is without appeal. Their rule is in these 
words: when two members rise at the same time, the 
President shall name the person to speak ; but in all 
cases the member who shall first rise and address the 
chair, shall speak first. Rule 5. 

No man may speak more than once to the same bill 
on the same day; or even on another day, if the debate 
be adjourned. But if it be read more than once in the 
same day, he may speak once at every reading. Co. 
12, 115. Hakeiv. 148. Scob. 58. 2 Hats. 15. Even 
a change of opinion does not give a right to be heard a 
.second time. Smyth Comw. L. 2. c. 3. Jircan. Pari. 17. 



ORDER IN DEBATE. 133 

The corresponding rule of Senate is in these words : 
no member shall speak more than twice, in any one 
debate, on the same day, without leave of the Senate. 
Rule 4. 

But he may be permitted to speak again to clear a 
matter of fact. 3 Grey, 357. 416. Or merely to ex- 
plain himself, 2 Hats. 73. in some material part of his 
speech, ib. 15, or to the manner or words of the ques- 
tion, keeping himself to that only and not travelling into 
the merits of it ; Memorials in Hakew. 29; or to the 
orders of the house, if they be transgressed, keeping 
within that line, and not falling into the matter itself. 
Mem. Hakew. 30, 31. 

But if the speaker rises to speak, the member stand- 
ing up ought to sit down, that he may be first heard. 
Town. col. 205. Hale pari. 133. Mem. in Hakew. 
30, 31. Nevertheless, though the speaker may of right 
speak to matters of order, and be first heard, he is re- 
strained from speaking on any other subject, except 
where the house have occasion for facts within his know- 
ledge ; then he may, with their leave, state the matter 
of fact. 3 Grey, 38. 

No one is to speak impertinently or beside the ques- 
tion, superfluously or tediously. Scob. 31. 33. 2 Hats. 
166 168. Hale pari. 133. 

No person is to use indecent language against the pro- 
ceedings of the house, no prior determination of which 
is to be reflected on by any member, unless he means 
to conclude with a motion to rescind it. 2 Hats. 169, 
170. Rushw. p. 3. v. 1. fol. 42. But while a proposi- 
tion under consideration is still in fieri, though it has 
even been reported by a committee, reflections on it are 
no reflections on the house. 9 Grey, 508. 

No person, in speaking, is to mention a member then 
present, by his name; but to describe him by his seat in 
the house, or who spoke last, or on the other side of 
12 



134 MANUAL. 

the question, &c. Mem. in Hakew. 3. Smyth- s Co?nw. 
L. 2. c. 3. nor to digress from the matter to fall upon 
the person ; Scob. 31. Hale pari. 133. 2 Hats. 166. 
by speaking, reviling, nipping, or unmannerly words 
against a particular member. Smyth Comw. L. 2. c. 3. 
The consequences of a measure may be reprobated in 
strong terms; but to arraign the motives of those who 
propose to advocate it, is a personality, and against 
order. Qui digreditur a materia ad personam, Mr. 
speaker ought to suppress. Ord. Com. 1604. Jipr. 19. 

When a member shall be called to order by the Pre- 
sident, or a Senator, he shall sit down; and every 
question of order shall be decided by the President, 
without debate, subject to an appeal to the Senate; 
and the President may call for the sense of the Senate 
on any question of order. Rule 6. 

No member shall speak to another /or otherwise in- 
terrupt the business of the Senate, or read any print- 
ed paper while the journals or public papers are read- 
ing, or when any member is speaking in any debate. 
Rule 2. 

No one is to disturb another in his speech by hissing, 
coughing, spitting, 6 Grey, 332. Scob. 8. D'Ewes, 
332. col. 1. 640. col. 2. speaking or whispering to an- 
other, Scob. 6. D'Ewes, 487. col. 1. nor to stand up or 
interrupt him ; Town. col. 205. Mem. in Hakew. 31. 
nor to pass between the speaker and the speaking mem- 
ber, nor to go across the house, Scob. 6. or to walk up 
and down it, or to take books or papers from the table, 
or write there. 2 Hats. 171. 

Nevertheless, if a member finds that it is not the in- 
clination of the house to hear him, and that by conver- 
sation or any other noise they endeavor to drown his 
voice, it is his most prudent way to submit to the plea- 
sure of the house, and sit down; for it scarcely ever 
happens that they are guilty of this piece of ill manners 



ORDER IN DEBATE. 135 

without sufficient reason, or inattentive to a member 
who says any thing worth their hearing. 2 Hats. 77, 78. 

If repeated calls do net produce order, the speaker 
may call by his name any member obstinately persist- 
ing in irregularity, whereupon the house may require 
the member to withdraw. He is then to be heard in 
exculpation, and to withdraw. Then the speaker states 
the offence committed; and the house considers the de- 
gree of punishment they will inflict. 2 Hats. 167, 7, 8. 
172. 

For instances of assaults and affrays in the House of 
Commons, and the proceedings thereon, see 1 Pet. 
Misc. 82. 3 Grey, 128. 4 Grey, 328. 5 Grey, 382. 
6 Grey, 254. 10 Grey, 8. Whenever warm words, or 
an assault have passed between members, the house, for 
the protection of their members, requires them to de- 
clare in their places not to prosecute any quarrel, 3 Grey, 
128. 293. 5 Grey, 289.; or orders them to attend the 
speaker, who is to accommodate their differences and 
report to the house; 3 Grey, 419. and they are put un- 
der restraint if they refuse, or until they do. 9 Grey, 
234. 312. 

Disorderly words are not to be noticed till the mem- 
ber has finished his speech. 5 Grey, 356. 6 Grey, 60. 
Then the person objecting to them, and desiring them 
to be taken down by the clerk at the table, must repeat 
them. The speaker then may direct the clerk to take 
them down in his minutes. But if he thinks them not 
disorderly, he delays the direction. If the call becomes 
pretty general, he orders the clerk to take them down ? 
as stated by the objecting member. They are then part 
of his minutes, and when read to the offending mem- 
ber, he may deny they were his words, and the house 
must then decide by a question whether they are his 
words or not. Then the member may justify them, or 
explain the sense in which he used them, or apologize. 
Tf the house is satisfied, no farther proceeding is. neces- 



136 MANUAL. 

sary. But if two members still insist to take the sense 
of the house, the member must withdraw, before that 
question is stated, and then the sense of the house is to 
betaken. 2 Hats, 199. 4 Grey, 170. 6 Grey, 59. When 
any member has spoken, or other business intervened, 
after offensive words spoken, they cannot be taken no- 
tice of for censure. And this is for the common secu- 
rity of allj and to prevent mistakes which must happen 
if words are not taken down immediately. Formerly 
they might be taken down at any time the same day. 2 
Hats. 196. Mem. in Hakew. 71. 3 Grey, 48. 9 
Grey, 514. 

Disorderly words spoken in a committee must be 
written down as in the house ; but the committee can 
only report them to the house for animadversion. 6 
Grey, 46. 

The rule of the Senate says, If the member be call- 
ed to order by a Senator, for words spoken, the excep- 
tionable words shall immediately be taken down in 
writing, that the President may be better enabled to 
judge of the matter . Rule 7. 

In parliament, to speak irreverently or seditiously 
against the king is against order. Smith's Comw. L. 
2. c. 3. 2 Hats. 170. 

It is a breach of order in debate to notice what has 
been said on the same subject in the other house, or the 
particular votes or majorities on it there: because the 
opinion of each house should be left to its own inde- 
pendency, not to be influenced by the proceedings of 
the other; and the quoting them might beget reflections 
leading to a misunderstanding between the two houses. 
8 Grey, 22. 

Neither house can exercise any authority over a mem- 
ber or officer of the other, but should complain to the 
house of which he is, and leave the punishment to them. 
Where the complaint is of words disrespectfully spoken 
by a member of another house, it is difficult to obtain 



ORDER IN DEBATE. 137 

punishment, because of the rules supposed necessary to 
be observed (as to the immediate noting down of words) 
for the security of members. Therefore it is the duty 
of the house, and more particularly of the speaker, to in- 
terfere immediately, and not to permit expressions to 
go unnoticed, which may give a ground of complaint to 
the other house, and introduce proceedings and mutual 
accusations between the two houses, which can hardly 
be terminated without difficulty and disorder. 3 Hats. 
51. 

No member may be present when a bill or any busi- 
ness concerning himself is debating; nor is any member 
to speak to the merits of it till he withdraws. 2 Hats. 
219. The rule is, that if a charge against a member 
arise out of a report of a committee, or examination of 
witnesses in the house, as the member knows from that 
to what points he is to direct his exculpation, he may 
be heard to those points, before any question is moved 
or stated against him. He is then to be heard, and with- 
draw before any question is moved. But if the ques-^ 
tion itself is the charge, as for breach of order,- or mat- 
ter arising in the debate; there the charge must be stated? 
that is, the question must be moved, himself heard, and 
then to withdraw. 2 Hats. 121, 122. 

Where the private interests of a member are concern- 
ed in a bill or question, he is to withdraw. And where 
such an interest has appeared, his voice has been disal- 
lowed, even after a division. In a case so contrary, not 
only to the laws of decency, but to the fundamental prin- 
ciple of the social compact, which denies to any man to 
be a judge in his own cause, it is for the honor of the 
house that this rule, of immemorial observance, should 
be strictly adhered to. 2 Hats. 119. 121. 6 Grey, 368. 

No member is to come into the house with his head 
covered, nor to remove from one place to another with, 
his hat on, nor is to put on his hat in coming in, or re- 
moving until he be set down in his place. Scob. 6, 



138 MABTITAL. 

A question of order may be adjourned to give time to 
look into precedents. 2 Hats. 118. 

In parliament, all decisions of the speaker may be 
controlled by the house. 3 Grey, 319. 



Sec. XVm. ORDERS OF THE HOUSE. 

Of right, the door of the house ought not to be shut, 
but to be kept by porters, or sergeants-at-arms, assign- 
ed for that purpose. Mod. ten. Pari. 23. 

By the miles of the Seriate, on motion made and 
seconded to shut the doors of the Senate on the discus- 
sion of any business, which may in the opinion of a 
member, require secrecy, the President shall direct the 
gallery to be cleared, and during the discussion of 
such motion, the doors shall remain shut. Rule 18. 

No motion shall be deemed in order to admit any 
person or persons whatever within the doors of the 
Senate chamber, to present any petition, memorial, 
or address, or to hear any such read. Rule 19. 

The only case where a member has a right to insist 
on any thing, is where he calls for the execution of a 
subsisting order of the House. Here, there having 
been already a resolution, any person has a right to in- 
sist that the Speaker, or any other whose duty it is, 
shall carry it into execution; and no debate or delay can 
be had on it. Thus any member has a right to have 
the house or gallery cleared of strangers, an order ex- 
isting for that purpose; or to have the house told when 
there is not a quorum present. 2 Hats. S7. 129. How 
far an order of the House is binding, see Hakew. 392. 

But where an order is made that any particular mat- 
ter be taken up on a particular day, there a question is 
to be put when it is called for, whether the house will 
now proceed to that matter? Where orders of the day 



PETITIONS. 139 

are on important or interesting matter, they ought not 
to be proceeded on till an hour at which the house is 
usually full, (which in Senate is at noon.) 

Orders of the day may be discharged at any time, 
and a new one made for a different day. 3 Grey, 48. 
313. 

When a session is drawing to a close, and the impor- 
tant bills are all brought in, the house, in order to pre- 
vent interruption by further unimportant bills, some- 
times come to a resolution that no new bill be brought 
in, except it be sent from the other house. 3 Grey, 156, 

All orders of the House determine with the session; 
and one taken under such an order may, after the ses- 
sion is ended, be discharged on a habeas corpus. Raym. 
120. Jacob's L. D. by Ruffhead. Parliament, 1 Lev. 
165, Prichard's case. 

Where the constitution authorizes each House to 
determine the rules of its proceedings, it must mean 
in those cases legislative, executive, or judiciary, sub- 
mitted to them by the constitution, or in something 
relating to these, and necessary towards their execu- 
tion. But orders and resolutions are sometimes en- 
tered in the journals, having no relation to these, 
such as acceptances of invitations to attend orations, 
to take part in processio?is, fyc. These must be un- 
derstood to be merely conventional among those who 
are willing to participate in the ceremony, and are 
therefore perhaps improperly placed among the re- 
cords of the House. 



Sec. XIX. PETITIONS. 



A petition prays something. A remonstrance has 
no prayer. 1 Grey, 5S. 

Petitions must be subscribed by the petitioners, 
Scob. 87. L. Pari. c. 22. 9 Grey, 362, unless they are 



140 MANUAL. 

attending, 1 Grey, 401. or unable to sign, and averred 
by a member. 3 Grey, 418. But a petition not sub- 
scribed, but which the member presenting it affirmed 
to be all in the hand writing of the petitioner, and his 
name written in the beginning, was on the question 
(Mar. 14, 1800) received by the Senate. The averment 
of a member, or of somebody without doors, that they 
know the hand w r riting of the petitioners, is necessary 
if it be questioned. 6 Grey, 36. It must be present- 
ed by a member — not by the petitioners, and must be 
opened by him, holding it in his hand. 10 Grey, 57. 

Before any petition or memorial addressed to the 
Senate shall be received and read at the table, whether 
the same shall be introduced by the President or a 
member, a brief statement of the contents of the pe- 
tition or memorial shall verbally be made by the in- 
troducer. Rule 24. 

Regularly a motion for receiving it must be made 
and seconded, and a question put whether it shall be 
received? But a cry from the House of " received," 
or even its silence, dispenses with the formality of this 
question. It is then to be read at the table and disposed 
of. 



Sec. XX. MOTIONS. 

When a motion has been made, it is not to be put to 
the question, or debated until it is seconded. Scob. 2L 

The Senate say no motion shall be debated until the 
same shall be seconded. Rule 6. 

It is then and not till then in possession of the house, 
and cannot be withdrawn but by leave of the house. It 
is to be put into writing, if the house or speaker require 
it, and must be read to the house by the speaker as of- 
ten as any member desires it for his information. 2 
Hats. 82. 



RESOLUTIONS. 141 

The rule of the Senate is, when a motion shall be 
made and seconded, it shall be reduced to writing, if de- 
sired by the president or any member, delivered in at 
the table, and read by the president before the same shall 
be debated. Rule 7. 

It might be asked whether a motion for adjournment 
or for the orders of the day can be made by one member 
while another is speaking? It cannot. When two mem- 
bers offer to speak, he who rose first is to be heard, and 
it is a breach of order in another to interrupt him, un- 
less by calling him to order if he departs from it. And 
the question of order being decided, he is still to be 
heard through. A call for adjournment, or for the or- 
der of the day, or for the question, by gentlemen from 
their seats, is not a motion. No motion can be made 
without rising and addressing the chair. Such calls are 
themselves breaches of order, which, though the mem- 
ber who has risen may respect, as an expression of im- 
patience of the house against further debate, yet, if he 
chooses, he has a right to go on. 



Sec. XXI. RESOLUTIONS. 

When the house commands, it is by an ' order/ But 
fact, principles, their own opinions and purposes, are 
expressed in the form of resolutions. 

Jl resolution, for an allowance of money to the 
clerks, being moved, it was objected to as not m or- 
der, and so ruled by the chair. But on an appeal to 
the Senate [i. e. a call for their sense by the President 
on account of doubt in his mind according to Rule 6.] 
the decision was overruled. Journ. Sen. June 1, 1796. 
I presume the doubt was whether an allowance of mo* 
ney could be made otherwise than by bill 



142 MANUAL. 

Sec. XXII. BILLS. 

Every bill shall receive three readings, previous t© 
its being passed; and the president shall give notice at 
each whether it be the 1st, 2d, or 3d; which readings 
shall be on three different days, unless the Senate unan- 
imously direcl; otherwise. Rule 26. 



Sec. XXHI. BILLS, LEAVE TO BRING IN. 

One day's notice, at least, shall be given of an in- 
tended motion for leave to bring in a bill. Rule 25. 

When a member desires to bring in a bill on any sub- 
ject, he states to the house in general terms the causes 
for doing it, and concludes by moving for leave to bring 
in a bill entitled, &c. Leave being given, on the ques- 
tion, a committee is appointed to prepare and bring in 
the bill. The mover and seconder are always appoint 
ed of this committee, and one or more in addition. 
Hakew 132. Scob. 40. 

It is to be presented fairly written, without any era- 
sure or interlineation, or the speaker may refuse it 
Scob. 41. 1 Grey, 82. 84. 



Sec. XXIV. BILLS, FIRST READING. 

When a bill is first presented, the clerk reads it at the 
table, and hands it to the speaker, who, rising, states to 
the house the title of the bill, that this is the first time 
of reading it, and the question will be whether it shall 
be read a second time? Then sitting down to give an 
opening for objections, if none be made, he rises again 
and puts the question whether it shall be read a second 
time? Hakew. 137. 141. A bill cannot be amended 
at the first reading; 6 Grey? 286; nor is it usual for it 



BILLS, COMMITMENT. 143 



to be opposed then: but it may be done, and rejected, 
D'Ewes, 335. col. 1. 3 Hats. 198. 



Sec. XXV. BILLS, SECOND READING. 

The second reading must regularly be on another day, 
Hakew. 143. It is done by the clerk at the table, who 
then hands it to the speaker. The speaker rising, states 
to the house the title of the bill, that this is the second 
time of reading it, and that the question will be, whether 
it shall be committed, or engrossed and read a third 
time ? But if the bill came from the other house, as it 
always comes engrossed, he states, that the question 
will be, whether it shall be read a third time ? and be- 
fore he has so reported the state of the bill, no one is to 
speak to it. Hakew. 143. 146. 

In the Senate of the United States, the President 
reports the title of the bilU that this is the second 
time of reading it, that it is now to be considered as 
in a committee of the whole, and the question ivill 
be, whether it shall be read a third time? or that it 
may be referred to a special committee? 



Sec. XXVI. BILLS, COMMITMENT. 

If on motion and question it be decided that the bill 
shall be committed, it may then be moved to be referred 
to a committee of the whole house, or to a special 
committee. If the latter, the speaker proceeds to name 
the committee. Any member also may name a single 
person, and the clerk is to write him down as of the 
committee. But the house have a controlling power 
over the names and number, if a question be moved 






144 MANUAL. 

against any one, and may in any case put in and put out 
whom they please. 

Those who take exceptions to some particulars in the 
bill, are to be of the committee. But none who speak 
directly against the body of the bill. For he that would 
totally destroy, will not amend it. Hakew. 146. Town* 
noil. 208. D'Ewes, 634. col 2. Scob. 47. or as is said, 
5 Grey r , 145, the child is not to be put to a nurse that 
cares not for it. 6 Grey, 373. It is therefore a constant 
rule ' that no man is to be employed in any matter 
who has declared himself against it. ' And when any 
member who is against the bill hears himself named of 
its committee, he ought to ask to be excused. Thus, 
March 7, 1606, Mr. Hadley was, on the question's be- 
ing put, excused from being of a committee, declaring 
himself to be against the matter itself. Scob. 46. 

No bill shall be committed or amended until it shall 
have been twice read, after which it may be referred 
to a committee. Rule 27. 

In the appointment of the standing committees, 
the Senate will proceed, by ballot, severally to appoint 
the chairman of each com?nittee, and then, by one 
ballot, the other members necessary to complete the 
same; and a majority of the whole number of votes 
given shall be necessary to the choice of a chairma?i 
of a standing committee. Ml other committees shall 
be appointed by ballot, and a plurality of votes shall 
make a choice. When any subject or matter shall 
have been referred to a committee, any other subject 
or matter of a similar nature may, on motion, be re- 
f erred to such committee. Rule 34. 

The clerk may deliver the bill to any member of the 
committee. Town. col. 138. But it is usual to de- 
liver it to him who is first named. 

In some cases the house has ordered a committee to 
withdraw immediately into the committee chamber. 



BILLS, COMMITMENT, 145 

and act on, and bring back the bill, -sitting the house* 
Scob. 48. A committee meets when and where they 
please, if the house has not ordered time and place for 
them. 6 Grey, 370. But they can only act when to- 
gether, and not by separate consultation and consent, 
nothing being the report of the committee but what has 
been agreed to in committee actually assembled. 

A majority of the committee constitutes a quorum 
for business. Elsynge's method of passing bills, 11. 

Any member of the house may be present at any select 
committee, but cannot vote, and must give place to all 
of the committee, and sit below them. Elsynge, 12. 
Scob. 49. 

The committee have full power over the bill, or other 
paper committed to them, except that they cannot change 
the title or subject. 8 Grey, 228. 

The paper before a committee, whether select, or of 
the whole, may be a bill, resolutions, draught of an ad- 
dress, &c. and it may either originate with them, or be 
referred to them. In every case, the whole paper is 
read first by the clerk, and then by the chairman by 
paragraphs; Scob. 49. pausing at the end of each par- 
agraph, and putting questions for amending, if propos- 
ed. In the case of resolutions on distinct subjects, ori- 
ginating with themselves, a question is put on each 
separately, as amended, or unamended, and no final 
question on the whole: 3 Hats. 276. but if they 
relate to the same subject, a question is put on the 
whole. If it be a bill, draught of an address, or other 
paper originating with them, they proceed by para- 
graphs, putting questions for amending, either by in- 
sertion or striking out, if proposed : but no question 
on agreeing to the paragraphs separately. This is re- 
served to the close, when a question is put on the w T hole, 
for agreeing to it as amended, or unamended. But if 
it be a paper referred to them, they proceed tQ put 
13 



146 MANUAL. 

questions of amendment, if proposed, but no final ques- 
tion on the whole : because all parts of the paper hav- 
ing been adopted by the house, stand of course, unless 
altered, or struck out by a vote. Even if they are 
opposed to the whole paper, and think it cannot be 
made good by amendments, they cannot reject it, but 
must report it back to the house without amendments, 
and there make their opposition. 

The natural order in considering and amending any 
paper is, to begin at the beginning, and proceed through 
it by paragraphs; and this order is so strictly adhered 
to in parliament, that when a latter part has been amend- 
ed, you cannot recur back and make any alteration in a 
former part. 2 Hats. 90. In numerous assemblies, this 
restraint is doubtless important: But in the Senate of 
the United States, though in the main ive consider 
and amend the paragraphs in their natural order , 
yet recurrences are indulged: and they seem, on the 
whole, in that small body, to produce advantages 
everweighing their inconveniences. 

To this natural order of beginning at the beginning, 
there is a single exception found in parliamentary usage. 
When a bill is taken up in Committee, or on its second 
reading, they postpone the preamble, till the other parts 
of the bill are gone through. The reason is, that on 
consideration of the body of the bill such alterations 
may therein be made as may also occasion the altera- 
tion of the preamble. Scob. 50. 7 Grey, 431. 

On this head the following case occurred in the Se- 
nate, March 6, 1800: A resolution, which had no pre- 
amble, having been already amended by the House so 
that a few words only of the original remained in it, a 
motion was made to prefix a preamble, which having 
an aspect very different from the resolution, the mover 
intimated that he should afterwards propose a corres- 
pondent amendment in the body of the resolution. It 
was objected that a preamble could not be taken up till 



REPORT OF COMMITTEE. 147 

the body of the resolution is done with. But the pre- 
amble was received: because we are in fact through the 
body of the resolution, we have amended that as far as 
amendments have been offered, and indeed till little of 
the original is left. It is the proper time, therefore, to 
consider a preamble: and whether the one offered be 
consistent with the resolution, is for the House to de- 
termine. The mover indeed has intimated that he shall 
offer a subsequent proposition for the body of the reso- 
lution; but the House is not in possession of it; it re- 
mains in his breast, and may be withheld. The rules 
of the House can only operate on what is before them. 
The practice of the Senate, too, allows recurrences 
backwards' and forwards for the purposes of amend- 
ment, not permitting amendments in a subsequent, 
to preclude those in a prior part, or e converso. 

When the Committee is through the whole, a mem- 
ber moves that the Committee may rise, and the chair- 
man report the paper to the House, with or without 
amendments, as the case may be. 2 Hats. 289. 292. 
Scob. 53. 2 Hats. 290. 8 Scob. 50. 

When a vote is once passed in a Committee, it cannot 
be altered but by the House, their votes being binding 
on themselves. 1607, June 4. 

The Committee may not erase, interline, or blot the 
bill itself; but must, in a paper by itself, set down the 
amendments, stating the words which are to be insert- 
ed or omitted, Scob. 50. and where, by references to 
the page, line and word of the bill. Scob. 50. 



Sec. XXVII. REPORT OF COMMITTEE. 

The chairman of the Committee, standing in his 
place, informs the House that the Committee, to whom 
was referred such a bill, have, according, to order, had 



148 MANTJAL. 

the same under consideration, and have directed him to 
report the same without any amendment, or with sun- 
dry amendments, (as the case may be,) which he is 
ready to do when the House pleases to receive it And 
he, or any other, may move that it be now received. 
But the cry of l now, now/ from the House, generally 
dispenses with the formality of a motion and question. 
He then reads the amendments, with the coherence in 
the bill, and opens the alterations, and the reasons of 
the Committee for such amendments, until he has gone 
through the whole. He then delivers it at the Clerk's 
table, where the amendments reported are read by the 
•Clerk, without the coherence, whereupon the papers 
lie upon the table till the House at its convenience shall 
take up the report. Scob. 52. Hakew. 148. 

The report being made, the Committee is dissolved, 
and can act no more without a new power. Scob, 51. 
But it may be revived by a vote, and the same matter 
recommitted to them. 4 Grey, 361. 



Seg. XXVni. BILL, RECOMMITMENT. 

After a bill has been committed and reported, it ought 
not, in an ordinary course, to be recommitted. But in 
cases of importance, and for special reasons, it is some- 
times recommitted, and usually to the same Committee. 
Hakew, 151. If a report be recommitted before agreed 
to in the House, what has passed in Committee is of no 
validity; the whole question is again before the Com- 
mittee, and a new resolution must be again moved, as 
if nothing had passed. 3 Hats. 131. note. 

In Senate, January 1S00, the salvage bill was recom- 
mitted three times after the commitment. 

A particular clause of a bill may be committed with- 
out the whole bill, 3 Hats. 131. or so much of a pa- 
per *o one, and so much to another committee. 



$trASr-COMMITTEE. 149 

Sec. XXIX. BILL, REPORT TAKEN UP. 

When the report of a paper originating with a com- 
mittee is taken up by the house, they proceed exactly 
as in committee. Here, as in committee, when the pa- 
ragraphs have, on distinct questions, been agreed to se- 
riatim, 5 Grey, 366. 6 Grey, 368. 8 Grey, 47. 104. 
360. 1 Torbuctfs deb. 125. 3 Hats. 348. no question 
needs be put on the w T hole report. 5 Grey, 381. 

On taking up a bill reported with amendments, the 
amendments only are read by the clerk. The speaker 
then reads the first, and puts it to the question, and so 
on till the whole arc adopted or rejected, before any 
other amendment be admitted, except it be an amend- 
ment to an amendment. Elsynge's Mem. 53. When 
through the amendments of the committee, the speaker 
pauses, and gives time for amendments to be proposed 
in the House to the body of the bill: as he does also if 
it has been reported without amendments; putting no 
questions but on amendments proposed : and when 
through the whole, he puts the question whether the 
bill shall be read a third time? 



Sec. XXX. QUASI-COMMITTEE. 

If on motion and question, the bill be not committed. 
or if no proposition for commitment be made, then the 
proceedings in the Senate of the United States, and in 
parliament, are totally different. The former shall be 
first stated. 

The 28th rule of the Senate says, i v Ml bills > on a 
second reading, shall first be considered by the Se- 
nate in the same manner as if the Senate ivere in 
committee of the whole, before they shall be taken up 
and proceeded on by the Senate, agreeably to the stand- 
13* 



i50 MANUAL. 

ing rules, unless otherwise ordered:' [that is to say, 
unless ordered to be referred to a Special Committee.] 
And when the Senate shall consider a treaty, bill, or 
resolution, as in Committee of the Whole, the Vice- 
President, or President pro tempore, may call a mem- 
ber to fill the chair, during the time the Senate shall 
remain in Committee of the Whole; and the chair- 
man so called, shall, during such time, have the pow- 
ers of a President, pro tempore. * 
The proceeding of the Senate as in a Committee of 
the Whole, or in Quasi-Committee, is precisely as in 
a real Committee of the Whole, taking no questions 
but on amendments. When through the Whole, they 
consider the Quasi-Committee as risen, the House re- 
sumed, ivithout any motion, question, or resolution 
to that effect, and the President reports that 'the 
fc House, acting as in a Committee of the Whole, have 
6 had under their consideration the bill intituled, $c, 
S and have made sundry amendments which he will 
; now report to the House.' The bill is then before 
ihem, as it ivould have been if reported from a Com- 
mittee, and questions are regularly to be put again 
on every amendment; which being gone through, the 
President pauses to give time to the House to pro- 
pose amendments to the body of the bill; and when 
through, puts the question whether it shall be read a 
third time. 

After progress in amending a bill in Quasi- Com- 
rnittee, a motion may be made to refer it to a Special 
Committee. If the motion prevails, it is equivalent 
m effect to the several votes that the Committee rise, 
the House resume itself, discharge the Committee of 
the Whole, and refer the bill to a Special Committee, 
hi that case, the amendments already made fall. 
But if the motion fails, the Quasi-Committee stands 
i>i statu quo. 



QUASI-COMMITTEE. 151 

How far does this 28th rule subject the House when 
in quasi-committee, to the laws which regulate the 
proceedings of committees of the whole? The parti- 
culars in which these differ from proceedings in the 
House, are the following: 1. In a committee every 
member may speak as often as he pleases. 2. The votes 
of a committee may be rejected or altered when report- 
ed to the house. 3. A committee, even of the whole, 
cannot refer any matter to another committee. 4.^ In 
a committee no previous question can be taken. The 
only means to avoid an improper discussion, is to move 
that the committee rise : and if it be apprehended that 
the same discussion will be attempted on returning into 
committee, the house can discharge them, and proceed 
itself on the business, keeping down the improper dis- 
cussion by the previous question. 5. A committee 
cannot punish a breach of order in the house, or in the 
gallery. 9 Grey, 113. It can only rise and report it to 
the house, who may proceed to punish. The 1st and 
2d of these peculiarities attach to the quasi-commit- 
tee of the Senate, as every day's practice proves, and 
seem to be the only ones to which the 28th rule meant 
to subject them. For it continues to be a house, and 
therefore, though it acts in some respects as a com- 
mittee, in others it preserves its character as a house. 
Thus, 3. it is in the daily habit of referring its busi- 
?iess to a special committee. 4. It admits of the pre- 
vious question. If it did not, it would have no means 
of preventing an improper discussion; not being able 
as a committee is, to avoid it by returning into the 
house: for the moment it would resume the same sub- 
ject there, the 28th rule declares it again a quasi-com- 
mittee. 5. It would doubtless exercise its powers as 
a house on any breach of order. 6. 7/ takes a ques- 
tion by Yea and Nay, as the House does. 7. It re- 
ceives messages from the President and the other 
house. 8. In the midst of a debate it receives a mo- 



152 MANUAL. 

Hon to adjourn, and adjourns as a house, not as a 
co?nmittee. 



Sec. XXXI. BILL, SECOND READING IN THE HOUSE. 

In parliament, after the bill has been read a second 
time, if, on the motion and question, it be not commit- 
ted, or if no proposition for commitment be made, the 
Speaker reads it by paragraphs, pausing between each, 
but putting no question but on amendments proposed; 
and when through the whole, he puts the question whe- 
ther it shall be read a third time? if it came from the 
other house: or, if originating with themselves, whe- 
ther it shall be engrossed and read a third time? The 
Speaker reads sitting, but rises to put questions. The 
clerk stands while he reads. 

* But the Senate of the United States is so much 
in the habit of making many and material amend- 
ments at the 3d reading, that it has become the prac- 
tice not to engross a bill till it has passed, Jin irre- 
gular and dangerous practice; because, in this icay, 
the paper which passes the Senate is not that ivhich 
goes to the other house; and that ivhich goes to the 

* The former practice of the Senate, referred to in this para- 
graph, has been changed by the following- rule: 

The final question, upon the second reading of every hill, resolution, 
constitutional amendment, or motion, originating in the Senate, and 
requiring three readings previous to being passed, shall be, " Whe- 
ther it shall be engrossed and read a third time?" and no amendment 
shall be received for discussion at the third reading of any bill, resolu- 
tion, amendment, or motion, unless by unanimous consent of the mem- 
hers present: but it shall at all times be in order, before the final pas- 
sage of any such bill, resolution, constitutional amendment, or mo- 
tion, to move its commitment; and should such commitment take place, 
and any amendment be reported by the committee, the said bill, reso- 
lution, constitutional amendment, or motion, shall be again read a se- 
cond time, and considered as in committee of the ivhole, and then the 
aforesaid question shall be again put.- Rule 29, 



HEADING PAPERS. 153 

other house as the act of the Senate, has never been 
seen in Senate. In reducing numerous, difficult, and 
illegible amendments into the text, the Secretary 
may, ivith the most innocent intentions, commit er- 
rors, which can never again be corrected. 

The bill being now as perfect as its friends can make 
it, this is the proper stage for those fundamentally op- 
posed to make their first attack. All attempts at ear- 
lier periods are with disjointed efforts; because, many 
who do not expect to be in favor of the bill ultimately, 
are willing to let it go on to its perfect state, to take 
time to examine it themselves, and to hear what can be 
said for it; knowing that, after all, they will have suf- 
ficient opportunities of giving it their veto. Its two last 
Stages, therefore, are reserved for this, that is to say, on 
the question whether it shall be engrossed and read a 
third time? And lastly, whether it shall pass? The first 
of these is usually the most interesting contest; because, 
then the whole subject is new and engaging, and the 
minds of the members having not yet been declared by 
any trying vote, the issue is the more doubtful. In this 
stage, therefore, is the main trial of strength between 
its friends and opponents: and it behooves every one to 
make up his mind decisively for this question, or he 
loses the main battle; and accident and management 
may, and often do, prevent a successful rallying on the 
next and last question, whether it shall pass? 

When the bill is engrossed, the title is to be endorsed 
on the back, and not within the bill. Hakew. 250. 



Sec. XXXII. READING PAPERS. 

Where papers are laid before the House, or referred 
to a committee, every member has a right to have them 
once read at the table, before he can be compelled to 



154 MANUAL. 

vote on them. But it is a great, though common error, 
to suppose that he has a right, to ties quoties, to have 
acts, journals, accounts or papers on the table, read inde- 
pendently of the will of the house. The delay and in- 
terruption which this might be made to produce, evince 
the impossibility of the existence of such a right. There 
is, indeed, so manifest a propriety of permitting every 
member to have as much information as possible on 
every question on which he is to vote, that when he de- 
sires the reading, if it be seen that it is really for in- 
formation, and not for delay, the Speaker directs it to be 
read, without putting a question, if no one objects. But 
if objected to, a question must be put. 2 Hats. 117, 
118. 

It is equally an error to suppose that any member has 
a right, without a question put, to lay a book or paper 
on the table, and have it read, on suggesting that it con- 
tains matter infringing on the privileges of the House, 
ib. 

For the same reason a member has not a right to read 
a paper in his place, if it be objected to, without leave 
of the House. But this rigor is never exercised but 
where there is an intentional or gross abuse of the time 
and patience of the House. 

A member has not a right even to read his own 
speech, committed to writing, without leave. This also 
is to prevent an abuse of time; and therefore is not re- 
fused, but where that is intended. 2 Grey, 227. 

A report of a committee of the Senate on a bill from 
the House of Representatives being under considera- 
tion, on motion that the report of the committee on 
the House of Representatives on the same bill be read 
in Senate, it passed in the negative; Feb. 28, 1793. 

Formerly when papers were referred to a committee, 
they used to be first read: but of late, only the titles; 
unless a member insists they shall be read, and then no 
>>ody can oppose it 2 Hats. 117, 



PRIVILEGED QUESTIONS. 155 



Sec. XXXIII. PRIVILEGED QUESTIONS. 

* While a question is before the Senate, no motion 
shall be received, unless for an amendment, for the 
previous question, or for postponing the main ques- 
tion, or to commit it, or to adjourn. Rule 8. 

It is no possession of a bill unless it be delivered to 
the clerk to be read, or the Speaker reads the title. 
Lex. Pari 274. Elsynge, Mem. 85. Ord. House of 
Commons, 64. 

It is a general rule that the question first moved and 
seconded shall be first put. Scob. 28. 22. 2 Hats. 81. 
But this rule gives way to what may be called privi- 
leged questions; and the privileged questions are of dif- 
ferent grades among themselves. 

A motion to adjourn simply takes place of all others; 
for otherwise the House might be kept sitting against 
its will, and indefinitely. Yet this motion cannot be 
received after another question is actually put, and while 
the House is engaged in voting. 

Orders of the day take place of all other questions, 
except for adjournment. That is to say, the question 
which is the subject of an order is made a privileged 
one, pro hac vice. The order is a repeal of the general 
rule as to this special case. When any member moves 
therefore for the orders of the day to be read, no fur- 
ther debate is permitted on the question which was before 
the House, for if the debate might proceed, it might con- 

♦This rule has been modified so as to specify the questions en- 
titled to preference. 

The rule is now as follows: 

When a question is under debate, no motion shall be received but to 
adjourn, to lie on the table, to postpone indefinitely, to postpone to a 
day certain, to commit, or to amend; which several motions shall have 
precedence in the order they stand arranged, and the motion for ad- 
journment shall always be in order 9 and be decided withotft debate. 



156 MANUAL. 

tinue through the day and defeat the order. This ma- 
tion, to entitle it to precedence, must be for the orders 
generally, and not for any particular one; and if it be 
carried on the question. " Whether the House will now 
proceed to the orders of the day.'- they must be read 
and proceeded on in the course in which they stand: 
2 Hats. S3, for priority of order gives priority of 
right, which cannot be taken away but by another spe- 
cial order. 

After these there are other privileged questions which 
will require considerable explanation. 

It is proper that every parliamentary assembly should 
have certain forms of question, so adapted as to enable 
them fitly to dispose of every proposition which can be 
made to them. Such are, 1. The previous question. 2. 
to postpone indefinitely. 3. To adjourn a question to 
a definite day. 4. To lie on the table. 5. To commit 
6. To amend. The proper occasion for each of these 
questions should be understood. 

1. When a proposition is moved, which it is useless 
or inexpedient now to express or discuss, the previous 
question has been introduced for suppressing for that 
time the motion and its discussion 3 Hats. 1SS, 189. 

2. But as the previous question gets rid of it only for 
that day. and the same proposition may recur the next 
day, if they wish to suppress it for the whole of that 
session, they postpone it indefinitely. 3 Hats. 183. 
This quashes the proposition for that session, as an in- 
definite adjournment is a dissolution, or the continuance 
of a suit, sine die, is a discontinuance of it. 

3. When a motion is made which it will be proper to 
act on, but information is wanted, or something more 
pressing claims the present time, the question or debate 
is adjourned to such day within the session as will an- 
swer the views of the House. 2 Hats. SI. And those 
who have spoken before may not speak again when the 

turned debate is resumed. 2 Hats. 73. Sometis: 



PRIVILEGED QUESTIONS* 157 

however, this has been abusively used by adjourning it 
to a day beyond the session, to get rid of it altogether, 
as would be done by an indefinite postponement. 

4. When the House has something else which claims 
its present attention, but would be willing to reserve in 
their power to take up a proposition whenever it shall 
suit them, they order it to lie on their table. It may 
then be called for at any time. 

5. If the proposition will want more amendment and 
digestion than the formalities of the House will con- 
veniently admit, they refer it to a Committee. 

6. But if the proposition be w r ell digested, and may 
need but few and simple amendments, and especially if 
these be of leading consequence, they then proceed to 
consider and amend it themselves. 

The Senate, in their practice, vary from this regular 
gradation of forms. Their practice, comparatively with 
that of Parliament, stands thus: 

For the Parliamentary The Senate uses 

Postponement indefinite, Postponement to a day beyond 

the session. 

Adjournment, Postponement to a day within 

the session. 

. . . M . , C Postponement indefinite. 

Lying on the table, £ Lyin ^ on the uble% 

In their 8th rule, therefore, which declares that while 
a question is before the Senate, no motion shall be re- 
ceived unless it be for the Pr. Qu., or to postpone, 
commit, or amend the main question, the term post- 
ponement must be understood according to their broad 
use of it, and not in its Parliamentary sense. Their 
rule then establishes as privileged questions, the pre- 
vious question, postponement, commitment, and amend- 
ment. 

But it may be asked, have these questions any privi- 
lege among themselves? Or are they so equal that the 
common principle of the < first moved, first put/ takes 
14 



158 MANUAL. 

place among them? This will need explanation. Their 
competitions may be as follow: 

!. Previous Question and Postpone } 

C ommit C 

Amend J> In the 1st, 3d, an 

. Postpone and Previous Question "p classes, and the 1- 

Conimit C ber of the 4th class, the 

Amend j rule :ved first put,' 

3j. Commit and Previous Question 1 takes place. 

Postpone £» 

Amend j 

i. Amend and Previous Question } 

Postpone £ 

Commit j 

In the first class, where the P. Q, is first moved, the 
effect is peculiar. For it not only prevents the after 
motion to postpone or commit from being put to ques- 
tion before it, but also from being put after it. For, if 
the P. Q. be decided affirmatively, to wit, that the 31. 
Q. shall now be put, it would of course be against the 
decision to postpone or commit And if it be decided 
negatively, to wit, that the 31. Q. shall not now be put, 
this puts the House out of possession of the 31. Q. , and 
consequently there is nothing before them to postpone 
or commit. So that neither voting for or against the 
P. Q. will enable the advocates for postponing or com- 
mitting to set at their object. Whether it may be 
amended shall be examined hereafter. 

2d class. If postponement be decided affirmatively, 
the proposition is removed from before the house, and 
consequently there is no ground for the Pr. Qu. com- 
mitment, or amendment. But, if decided negatively, 
that it shall not be postponed, the 31. Q., may then be 
suppressed by the P. Q. or may be committed, or 
amended. 

The 3d class is subject to the same observations a* 
the 2d-. 



PRIVILEGED QUESTIONS. 159 

The 4th class. Amendment of the Q. M. first mov- 
ed, and afterwards the P. Q., the question of amend- 
ment shall be first put. 

Amendment and postponement competing, postpone- 
ment is first put, as the equivalent proposition to ad- 
journ the M. Q. would be in parliament. The reason 
is that the question for amendment is not suppressed by 
postponing or adjourning the M. Q. but remains be- 
fore the house whenever the M. Q. is resumed : and 
it might be that the occasion for other urgent business 
might go by, and be lost by length of debate on the 
amendment, if the house had it not in their power to 
postpone the whole subject. 

Amendment and commitment. The question for com- 
mitting, though last moved, shall be first put: because in 
truth it facilitates and befriends the motion to amend. 
Scobell is express. i On a motion to amend a bill, any 
one may notwithstanding move to commit it, and the 
question for commitment shall be first put.' Scob. 46. 

We have hitherto considered the case of two or more 
of the privileged questions contending for privilege be- 
tween themselves, when both were moved on the ori- 
ginal or M. Q. , but now let us suppose one of them to 
be moved, not on the original primary question, but on 
the secondary one, e. g. 

Suppose a motion to postpone, commit or amend the 
JM. Q. and that it be moved to suppress that motion by 
putting a previous question on it. This is not allowed; 
because it would embarrass questions too much to allow 
them to be piled on one another several stories high ; 
and the same result may be had in a more simple way, 
by deciding against the postponement, commitment, or 
amendment. 2 Hats. 81. 2, 3, 4, 

Suppose a motion for the previous question or com- 
mitment or amendment of the main question, and that 
it be then moved to postpone the motion for the previous 
question, or for commitment or amendment of the main 



160 



MANUAL. 



question, 1. It would be absurd to postpone the pre- 
vious question, commitment or amendment alone, and 
thus separate the appendage from its principal. Yet it 
must be postponed separately from its original, if at all: 
because the 8th rule of Senate says that when a main 
question is before the house no motion shall be receiv- 
ed but to commit, amend or pre-question the original 
question, which is the parliamentary doctrine also. 
Therefore the motion to postpone the secondary motion 
for the previous question, or for committing or amend- 
ing, cannot be received. 2. This is a piling of questions 
one on another, which, to avoid embarrassment, is not 
allowed. 3. The same result may be had more simply 
by voting against the previous question, commitment 
or amendment. 

Suppose a commitment moved of a motion for the 
previous question, or to postpone or amend. The 1st, 
2d and 3d reasons before stated all hold good against 
•this. 

Suppose an amendment moved to a motion for the 
previous question. Answer. The previous question 
cannot be amended. Parliamentary usage, as well 
as the 9th rule of the Senate, has fixed its form to be 
4 shall the main question be now put?' i. e. at this in- 
stant. And as the present instant is but one, it can ad- 
mit of no modification. To change it to to-morrow, 
or any other moment, is without example, and without 
utility. But suppose a motion to amend a motion for 
postponement, as to one day instead of another •• or to 
a special, instead of an indefinite time. The useful 
character of amendment gives it a privilege of attach- 
ing itself to a secondary and privileged motion. That 
is, we may amend a postponement of a main question. 
So we may amend a commitment of a main question, 
as by adding, for example, ' with instructions to inquire, 
&c.' In like manner, if an amendment be moved to 
an amendment, it is admitted. But it would not be ad* 



PRIVILEGED QUESTION^ 161 

milted in another degree ; to wit, to amend an amend- 
ment to an amendment, of a M. Q. This would lead 
to too much embarrassment. The line must be drawn 
somewhere, and usage has drawn it after the amend- 
ment to the amendment. The same result must be 
sought by deciding against the amendment to the 
amendment, and then moving it again as it was wished 
to be amended. In this form it becomes only an 
amendment to an amendment. 

When motions are made for reference of the 
same subject to a select committee, and to a stand- 
ing commit tee , the question on reference to the stand- 
ing committee, shall be first put. Rule 35. 

In filing a blank with a sum, the largest sum 
shall be first put to the question by the 1 3th rule of the 
Senate * contrary to the rule of parliament, which pri- 
vileges the smallest sum and longest time. 5 Grey, 179. 
2 Hats. 8. 83. 3 Hats. 132, 133. And this is con- 
sidered to be not in the form of an amendment to the 
question, but as alternative or successive originals. In 
all cases of time or number, we must consider whether 
the larger comprehends the lesser, as in a question to 
what day a postponement shall be, the number of a com- 
mittee, amount of a fine, term of an imprisonment, 
term of irredeemability of a loan, or the terminus in 
quiem, in any other case. Then the question must be- 
gin a maximo. Or whether the lesser includes the 
greater, as in questions on the limitation of the rate of 
interest, on what day the session shall be closed by ad- 
journment, on what day the next shall commence, when 
an act shall commence, or the terminus a quo in any 
other case, where the question must begin a minimo. 
The object being not to begin at that extreme, which, 
and more, being within every man's wish, no one could 

*In filling up blanks, the largest sum and longest time shall h% 
first put. Rule 13. 
14* 



neg ir, and yet, if he should vote in the affirr 

question for more would be precluded; bu: 
that extreme which would unite ft .7, and then to ad- 
vance or recede till you get to a number which will 
te a bare majority. 3 Gtey. 376» 384, 185 The 
lair question in this case is not that to which and n: 
all will agree, but whether there shall be addition to the 
question/ 1 Grey, 365. 

Another exception to the rule of priority is when a 
motion has been made to strike out, or agree to a para- 
graph, s to amend it are to be put to the q 
tion before a vote is taken on striking out, or agreeing 
to the whole paragraph. 

But there are several questions, which, being inciden- 
y one ? will take p: :e, privile. 

or not ; to wit, a question of order arising out of any 
other question, must be decided before that question. 

Hats. 88. 

A matter of privilege arising out of any question, 
roin a quarrel bet members, or any other 

5e, supersedes the consideration of the original ques- 
tion, and must be first sposed of. 2 Hats. 88. 

Reading papers relative to the question before the 
'aouse. This question must be put before the principal 
one. 2 Bats. S3. 

Leave asked a motion. The rule of par- 

liament being that a motion made and seconde 
possession of the house, and cannot be withdrawn with- 
out leave, the very terms of the rule imply that leave 
may be given, and consequently may be asked and pui 
ion. 



Sic iXXT* THE PREVIOUS QUEST! 

en any question is before the ise, any member 
as question, i whether thai question 



THE PREVIOUS QUESTION. 163 

(called the main question) shall now be put?' If it pass 
in the affirmative, then the main question is to be put 
immediately, and no man may speak any thing further 
to it, either to add or alter. Mentor, in Hakew. 28. 
4 Grey, 21. 

The previous question being moved and seconded, 
the question from the chair shall be, < Shall the main 
question be now put?' and if the nays prevail, the main 
question shall not then be put. 

This kind of question is understood by Mr. Hatsell 
to have been introduced in 1604. 2 Hats. 80. Sir 
Henry Vane introduced it. 2 Grey, 113, 114. 3 Grey 
384. When the question was put in this form, ' Shall 
the main question be put?' A determination in the ne- 
gative suppressed the main question during the session; 
but since the words ' now put' are used, they exclude 
it for the present only. Formerly indeed only till the 
present debate was over; 4 Grey, 43, but now for that 
day and no longer. 2 Grey, 113,114. 

Before the question ' Whether the mam question shall 
now be put?' any person might formerly have spoken 
to the main question, because otherwise he would be 
precluded from speaking to it at all. Mem. in Hakew. 

28. 

The proper occasion for the previous question, is 
when a subject is brought forward of a delicate nature 
as to high personages, &c. or the discussion of which 
may call forth observations which might be of injurious 
consequences. Then the previous question is proposed; 
and, in the modern usage, the discussion of the main 
question is suspended, and the debate confined to the pre- 
vious question. The use of it has been extended abusive- 
ly to other cases : but in these it has been an embar- 
rassing procedure : its uses would be as well answer- 
ed by other more simple parliamentary forms, and 
therefore it should not be favored, but restricted within 
as narrow limits as possible. 



1 6 | MANl'AL. 

Whether a main question may be amended after the 
previous question on it has been moved and second 

2 Hats, $$. says, if the previous question has been 
moved and seconded, and also proposed from the chair. 
(by which he means stated by the Speaker for debate,) 
it has been doubted whether an amendment can be ad- 
mitted to the main question. He thinks it may. after the 
previous question moved and seconded; but not after it 
has been proposed from the chair. In this case, he thinks 
the friends to the amendment must vote that the main 
question be not now put; and then move their amended 
question, which being made new by the amendment, is 
no longer the same which has been just suppressed, and 
therefore may be proposed as a new one. But this pro- 
ceeding certainly endangers the main question, by di- 
viding its friends, some of whom may choose it unamend- 
ed, rather than lose it altogether: while others of them 
may vote, as Hatsell advises, that the main question be 
not now put. with a view to move it again in an amend- 
ed form. The enemies of the main question, by this 
manoeuvre to the previous question, get the enemies to 
the amendment added to them on the first vote, and 
throw the friends of the main question under the em- 
barrassment of rallying again as they can. To support 
his opinion, too, he makes the deciding circumstance, 
whether an amendment may or may not be made, to be, 
that the previous question has been proposed from the 
chair. But. as the rule is that the house is in possession 
of a question as soon as it is moved and seconded, it 
cannot be more than possessed of it by its being also 
proposed from the chair. It may be said, indeed, that 
the object of the previous question being to get rid of a 
question, which it is not expedient should be discussed, 
this object may be defeated by mo vine to amend, and, 
in the discussion of that motion, involving; the subject 
of the main question. But so may the object of the pre- 
vious question be defeated, by moving the amended 



AMENDMENTS. 165 

question, as Mr. Hatsell proposes, after the decision 
against putting the original question. He acknowledges, 
too, that the practice has been to admit previous amend- 
ment, and only cites a few late instances to the contrary. 
On the whole, I should think it best to decide it ab in- 
con venienti, to wit: which is most inconvenient, to put 
it in the power of one side of the house to defeat a pro- 
position by hastily moving the previous question, and 
thus forcing the main question to be put unamended; or 
to put in the power of the other side to force on, inci- 
dentally at least, a discussion which would be better 
avoided? Perhaps the last is the least inconvenience; 
inasmuch as the speaker, by confining the discussion ri- 
gorously to the amendment only, may prevent their go- 
ing into the main question, and inasmuch also as so great 
a proportion of the cases in which the previous question 
is called for, are fair and proper subjects of public dis- 
cussion, and ought not to be obstructed by a formality 
introduced for questions of a peculiar character,, 



Sec. XXXV. AMENDMENTS. 

0n an amendment being moved, a member who has 
spoken to the main question may speak again to the 
amendment. Scob. 23. 

If an amendment be proposed inconsistent with one 
already agreed to, it is a fit ground for its rejection by 
the house; but not within the competence of the speaker 
to suppress as if it were against order. For were he 
permitted to draw questions of consistence within the 
vortex of order, he might usurp a negative on important 
modifications, and suppress, instead of subserving, the 
legislative will. 

Amendments may be made so as totally to alter the 
nature of the proposition; and it is a way of getting rid 



166 MAM'AL. 

of a proposition, by making it bear a sense different 
from what it was intended by the movers, so that they 
vote i: ntst it themselves. 2 ifr/te. 79. 4. Si. 84. A 
new bill may be ingrafted by way oi amendment on I 
words < Be it enacted. <$ce/l Grey, 190. 192. 

If it be proposed to amend by leaving out certain 
words, it may be moved ?s :n amendment to this amend- 
inent to le we : t a part of the words off the amendme 
which:- ~\.:r ?::t in the bill. 2 Bk 

80,9. Tk = r:::aryq "ays. whether 

the words : - '. ih? 

When it is proposed to amend bv inserting a para- 
graph, or part of one, the ^ragraph may 
make it as perfect as they can by amendments, before 
the question is~ put for inserting it. If it be received, 
it cannot be amended afterwards, in the same stage: be- 
cause the house has, on a vc to it in that form. 
In like maimer, if it is proposed to imend by striking 
out a paragraph, the friends paragraph are first to 
make it as ey can by amendments, before 
the question is put for striking it out. If on the ques- 
tion it be retained, it cannot be amended afterwards: 
because a vote against striking out is equivalent to a 
vote agreeing to it in 

When it is moved to amend, by striking out certain 
] inserting oth stating the 

question is drst to read the whole passage to be amend- 
ed as it stands at present, then the words proposed to 
be struck c si those to be inserted, ana the 

s.'ge as it will be when amended. And the 
question, if desired, is then to be divided, and put hrst 
on striking om, If - .. it is r ing the 

If that be lost, it may be moved to 
insert others. 2 Huts. SO. 7. 

A motion is made to amend by striking out certain 
words, and inserting others in theii rich is ne- 

gatived. Then it is moved to su rtthesai 



AMENDMENTS. 167 

and to insert others of a tenor entirely different from 
those first proposed. It is negatived. Then it is moved 
to strike out the same words and insert nothing, 
which is agreed to. All this is admissible; because to 
strike out and insert A, is one proposition. To strike 
out and insert B, is a different proposition. And to 
strike out and insert nothing, is still different. And the 
rejection of one proposition does not preclude the offer- 
ing a different one. Nor would it change the case were 
the first motion divided by putting the question first on 
striking out, and that negatived. For as putting the 
whole motion to the question at once would not have 
precluded, the putting the half of it cannot do it. * 

But if it had been carried affirmatively to strike out 
the words and to insert A, it could not afterwards be 
permitted to strike out A, and insert B. The mover 
of B should have notified, while the insertion of A was 
under debate, that he would move to insert B. In 
which case those who preferred it would join in reject- 
ing A. 

After A is inserted, however, it may be moved to 
strike out a portion of the original paragraph, compre- 
hending A, provided the coherence to be struck out be 
so substantial as to make this effectively a different pro- 
position. For then it is resolved into the common case 
of striking out a paragraph after amending it. Nor 
does any thing forbid a new insertion, instead of A and 
its coherence. 



* In the case of a division of the question and a decision against 
striking out, I advance doubtingly the opinion here expressed. I 
find no authority either way; and I know it may be viewed under 
a different aspect. It may be thought that, having decided sepa- 
rately not to strike out the passage, the same question for striking 
out cannot be put over again, though with a view to a different in- 
sertion. Still I think it more reasonable and convenient to consi- 
der the striking out, and insertion, as forming one proposition; but 
should readily yield to any evidence that the contrary is the prac- 
tice in parliament. 



168 MANUAL, 

In Senate, January 25, 1798, a motion to postpone 
until the second Tuesday in February some amend- 
ments proposed to the constitution ; the words " until 
the second Tuesday in February" were struck out by 
way of amendment. Then it was moved to add, u until 
the first day of June." Objected that it was not in or- 
der, as the question should be first put on the longest 
time; therefore, after a shorter time decided against, a 
longer cannot be put to question. It was answered that 
this rule takes place only in filling blanks for time. 
But when a specific time stands part of a motion, that 
may be struck out as well as any other part of the mo- 
tion; and when struck out, a motion maybe received to 
insert any other. In fact, it is not until they are struck 
out, and a blank for the time thereby produced, that 
the rule can begin to operate, by receiving all the pro- 
positions for different times, and putting the questions 
successively on the longest. Otherwise it would be in 
the power of the mover, by inserting originally a short 
time, to preclude the possibility of a longer. For till 
the short time is struck out, you cannot insert a longer; 
and if, after it is struck out, you cannot do it, then it 
cannot be done at all. Suppose the first motion had 
been to amend by striking out " the second Tuesday 
in February," and inserting instead thereof " the first 
of June. " It would have been regular, then, to divide 
the question, by proposing first the question to strike 
out, and then that to insert. Now this is precisely the 
effect of the present proceeding; only instead of one 
motion and two questions, there are two motions and 
two questions, to effect it; the motion being divided as 
well as the question. 

When the matter contained in two bills might be bet- 
ter put into one, the manner is to reject the one, and in- 
corporate its matter into another bill by way of amend- 
ment. So if the matter of one bill would be better dis- 
tributed into two, any part may be struck out by way 



DIVISION OP THE QUESTION. 169 

of amendment, and put into a new bill. If a section is 
to be transposed, a question must be put on striking it 
out where it stands, and another for inserting it in the 
place desired. 

A bill passed by the one House with blanks. These 
may be filled up by the other by way of amendments, 
returned to the first, as such, and passed. 3 Hats. 83. 

The number prefixed to the section of a bill, being 
merely a marginal indication, and no part of the text 
of the bill, the clerk regulates that — the House or com- 
mittee is only to amend the text. 



Sec. XXXVI. DIVISION OF THE QUESTION. 

If a question contain more parts than one, it may be 
divided into two or more questions. Mem. in Hake-w. 
29. But not as the right of an individual member, but 
with the consent of the House. For who is to decide 
whether a question is complicated or not? where it is com- 
plicated? into how many propositions it may be divided? 
The fact is, that the only mode of separating a com- 
plicated question is by moving amendments to it; and 
these must be decided by the House on a question: un- 
less the House orders it to be divided: as on the ques- 
tion Dec. 2, 1640, making void the election of the 
knights for Worcester, on a motion it was resolved to 
make two questions of it, to wit, one on each knight. 
2 Hats. 85, 86. So wherever there are several names 
in a question, they may be divided and put one by one. 
9 Grey, 444. So 1729, April 17, on an objection that a 
question was complicated, it was separated by amend- 
ment. 2 Hats. 19. 

The soundness of these observations will be evident 
from the embarrassments produced by the 12th rule of 
the Senate, which says, " if the question in debate 
contain several points, any member may have the same 
divided." 

15 



170 MANUAL. 

1798, May 30, the alien bill in quasi-committee. To 
a section and proviso in the original, had been added 
two new provisoes by way of amendment. On a mo- 
tion to strike out the section as amended, the question 
was desired to be divided. To do this it must be put 
first on striking out either the former proviso, or some 
distinct member of the section. But when nothing re- 
mains but the last member of the section and the pro- 
visoes, they cannot be divided so as to put the last 
member to question by itself; for the provisoes might 
thus be left standing alone as exceptions to a rule when 
the rule is taken away; or the new provisoes might be 
left to a second question, after having been decided on 
once before at the same reading; which is contrary to 
rule. But the question must be on striking out the last 
member of the section as amended. This sweeps away 
the exceptions with the rule, and relieves from incon- 
sistence. A question to be divisible, must comprehend 
points so distinct and entire, that one of them being 
taken away, the other may stand entire. But a proviso 
or exception, without an enacting clause, does not con- 
tain an entire point or proposition. 

May 31. The same bill being before the Senate. 
There was a proviso that the bill should not extend, 1. 
To any foreign minister; nor 2. To any person to 
whom the president should give a passport; nor 3. To 
any aliftn merchant conforming himself to such regula- 
tions as the president shall prescribe; and a division of 
the question into its simplest elements was called for. 
It was divided into 4 parts, the 4th taking in the words 
•'conforming himself/ &e. It was objected that the 
words ' any alien merchant' could not be separated from 
their modifying words ' conforming/ &c. because 
these words, if left by themselves, contain no substan- 
tive idea, will make no sense. But admitting that the 
divisions of a paragraph into separate questions must be 
so made as that each part may stand by itself, yet the 



CO-EXISTING QUESTIONS. 171 

house having, on the question, retained the two first 
divisions, the words 'any alien merchant' may be 
struck out, and their modifying words will then attach 
themselves to the preceding description of persons, and 
become a modification of that description. 

When a question is divided, after the question on the 
1st number, the 2d is open to debate and amendment: 
because it is a known rule that a person may rise and 
speak at any time before the question has been com- 
pletely decided, by putting the negative as well as af- 
firmative side. But the question is not completely put 
when the vote has been taken on the first member only. 
One half of the question, both affirmative and negative, 
remains still to be put. See Execut. Journ. June 25, 
1795. The same decision by President Adams* 



Sec. XXXVII. CO-EXISTING QUESTIONS. 

It may be asked whether the house can be in posses- 
sion of two motions or propositions at the same time? 
So that, one of them being decided, the other goes to 
question without being moved anew? The answer 
must be special. When a question is interrupted by a 
vote of adjournment, it is thereby removed from before 
the house, and does not stand ipso facto before them at 
their next meeting: but must come forward in the usu- 
al way. So, when it is interrupted by the order of the 
day. Such^ other privileged questions also as dispose 
of the main question, (e. g. the previous question, post- 
ponement or commitment) remove it from before the 
house. But it is only suspended by a motion to amend, 
to withdraw, to read papers, or by a question of order 
or privilege, and stands again before the house when 
these are decided. None but the class of privileged 
questions can be brought forward while there is another 



i/2 MANtfAL. 

question before the house, the rule being that when a 
motion has been made and seconded, no other can be 
received, except it be a privileged one. 



Sec. XXXVHI. equivalent questions. 

If, on a question for rejection, a bill be retained, it 
passes of course to its next reading. Hakeio. 141. 
Scob. 42. And a question for a second reading, deter- 
mined negatively, is a rejection without farther ques- 
tion. 4 Grey, 149. And see Elsynge's Memor. 42, 
in what cases questions are to be taken for rejection. 

Where questions are perfectly equivalent, so that the 
negative of the one amounts to the affirmative of the 
other, and leaves no other alternative, the decision of the 
one concludes necessarily the other. 4 Grey, 157. Thus 
the negative of striking out amounts to the affirmative 
of agreeing; and therefore to put a question on agreeing 
after that on striking out, would be to put the same ques- 
tion in effect twice over. Not so in questions of amend- 
ments between the two houses. A motion to recede 
being negatived, does not amount to a positive vote to 
insist, because there is another alternative, to wit, to 
adhere. 

A bill originating in one House, is passed by the 
other with an amendment. A motion in the originat- 
ing House to agree to the amendment is negatived. 
Does there result from this a vote of disagreement, or 
must the question on disagreement be expressly voted? 
The questions respecting amendments from another 
house are, 1st, To agree; 2d, disagree; 3d, recede; 4th, 
insist; 5th, adhere. 

1st. To agree. > Either of these concludes the other 

2d, To disagree. 3 necessarily, for the positive of either 

is exactly the equivalent of the ne- 



THE QUESTION. 



173 



3d. To recede. 
4th. To insist. 
5th. To adhere. 



gative of the other, and no other 
alternative remains. On either mo- 
tion amendments to the amendment 
may be proposed; e. g. if it be mov- 
ed to disagree, those who are for the 
amendment have a right to propose 
amendments, and to make it as per- 
fect as they can, before the question 
of disagreeing is put. 
You may then either insist or adhere. 
You may then either recede or adhere 
You may then either recede or insist. 
Consequently the negative of these 
is not equivalent to a positive vote, 
the other way. It does not raise so 
necessary an implication as may au- 
thorize the Secretary by inference to 
enter another vote: for two alterna- 
tives still remain, either of which 
may be adopted by the House. 



Sec. XXXIX. THE QUESTION. 



The question is to be put first on the affirmative, and 
then on the negative side. 

After the Speaker has put the affirmative part of the 
question, any member who has not spoken before to the 
question, may rise and speak before the negative be put. 
Because it is no full question till the negative part be 
put. Scab. 23. 2 Hats. 73. 

But in small matters, and which are of course, such as 
receivingpetitions,reports,withdrawingmotions,reading 
papers, &c. the Speaker most commonly supposes the_ 
consent of the House where no objection is expressed,, 
and does not give them the trouble of putting the quosr 
I'5* 



174 MANUAL. 

tion formally Scob. 22. 2 Hats. 87. 2, 87. 5 Grey, 
129. 9 Grey j 301. 



Sec. XL. BILLS, THIRD READING. 

To prevent bills from being passed by surprise, the 
House, by a standing order, directs that they shall not be 
put on their passage before a fixed hour, naming one at 
which the House is commenly full. Hakew. 153. 

The usage of the Senate is not to put bills on their 
passage till noon. 

A bill reported and passed to the third reading can- 
not on that day be read the third time and passed. Be- 
cause this would be to pass on two readings in the same 
day. 

At the third reading the clerk reads the bill and de- 
livers it to the speaker, who states the title, that it is 
the third time of reading the bill, and that the question 
will be whether it shall pass? Formerly the speaker, 
or those who prepared a bill, prepared also a breviate 
or summary statement of its contents, which the speak- 
er read when he declared the state of the bill, at the 
several readings. Sometimes, however, he read the bill 
itself, especially on its passage. Hakew. 136, 137. 153. 
Coke, 22. 115. Latterly, instead of this, he, at the 
third reading, states the whole contents of the bill verb- 
atim, only instead of reading the formal parts, * Be it 
enacted/ &c. he states that i the preamble recites so 
and so — the 1st section enacts that, &c. ; the 2d section 
enacts/ &c. 

But in the Senate of the United States, both of 
these formalities are dispensed with; the breviate 
presenting but an imperfect view of the bill, and be- 
ing capable of being made to present a false one: 
and the full statement being an useless tvaste of 



BILLS, THIRD READING. 175 

time, immediately after a full reading by the clerk; 
and especially as every member has a printed copy 
in his hand. 

A bill on the third reading is not to be committed for 
the matter or body thereof; but to receive some parti- 
cular clause or proviso, it hath been sometimes suffered, 
but as a thing very unusual, Hakew. 156; thus, 27 El. 
1584, a bill was committed on the third reading, having 
been formerly committed on the 2d, but is declared not 
usual. D'Ewes, 337. col. 2, 414. col. 2. 

When an essential provision has been omitted, rather 
than erase the bill, and render it suspicious, they add a 
clause on a separate paper, engrossed and called a 
ryder, which is read and put to the question three times. 
Elsynge's memorials, 59. 6 Grey, 335. 1 Blackst. 
183. For examples of ryders, see 3 Hats. 121, 122. 124. 
126. Every one is at liberty to bring in a ryder with- 
out asking leave. 10 Grey, 52. 

It is laid down as a general rule, that amendments pro- 
posed at the second reading shall be twice read, and those 
proposed at the third reading thrice read; as also all 
amendments from the other house. Town. col. 19. 
23, 24, 25, 26, 21, 28. 

It is with great and almost invincible reluctance, that 
amendments are admitted at this reading, which occasion 
erasures or interlineations. Sometimes a proviso has 
been cut off from a bill; sometimes erased. 9 Grey, 
513. 

This is the proper stage for filling up blanks; for if 
filled up before, and now altered by erasure, it would 
be peculiarly unsafe. 

At this reading the bill is debated afresh, and for the 
most part is more spoken to, at this time, than on any 
of the former readings. Hakew. 153. 

The debate on the question whether it should be read 
a third time? has discovered to its friends and opponents 
the arguments on which each side relies, and which of 



176 MANUAL. 

these appear to have influence with the house; they 
have had time to meet them with new arguments, and 
to put their old ones into new shapes. The former vote 
has tried the strength of the first opinion, and furnished 
grounds to estimate the issue; and the question now of- 
fered for its passage, is the last occasion which is ever 
to be offered for carrying or rejecting it. 

When the debate is ended, the speaker, holding the 
bill in his hand, puts the question for its passage, by 
saying, < gentlemen, all you who are of opinion that 
this bill shall pass, say ay,' and after the answer of the 
ayes, 'all those of the contrary opinion say no.' — 
Hakew. 154. 

After the bill is passed, there can be no further alter- 
ation of it in any point Hakew. 159. 



Sec. XLI. DIVISION OF THE HOUSE. 

The affirmative and negative of the question having 
been both put and answered, the speaker declares whe- 
ther the yeas or nays have it by .the sound, if he be 
himself satisfied, and it stands as the judgment of the 
house. But if he be not himself satisfied which voice 
is the greater, or if, before any other member comes 
into the house, or before any new motion made, (for it 
is too late after that,) any member shall rise and declare 
himself dissatisfied with the speaker's decision, then the 
speaker is to divide the house. Seob. 24. 2 Hats. 140. 

When the House of Commons is divided, the one 
party goes forth, and the other remains in the House. 
This has made it important which go forth, and which 
remain; because the latter gain all the indolent, the in- 
different, and inattentive. Their general rule, therefore, 
is, that those who give their vote for the preservation of 
the orders of the House, shall stay in; and those who 



DIVISION OP THE HOUSE- 



177 



are for introducing any new matter or alteration, or pro- 
ceeding contrary to the established course, are to go 
out. But this rule is subject to many exceptions and 
modifications. 2 Hats. 134. 1 Rush. p. 3, fol. 92. 
Scob. 43. 52. Co. 12. 116. I)' Ewes, 505. col. 1. 
Mem. in Hakew. 25. 29. as will appear by the follow- 
ing statement of who go forth: 
Petition that it be received,* ? ^ 

Read, - 

Lie on the table, 

Rejected after refusal to lie on 

table, - 
Referred to a Committee, or far- £ 



r es. 



ther proceeding, 




1 



Bill, that it be brought in, 

Read first or second time, 

Engrossed or read third time, 

Proceeding on every other stage, 

Committed, - 
To Committee of the Whole, 
To a Select Committee, 
Report of bill to lie on table, 
Be now read, - 

Be taken into consideration three 
months hence, 
Amendments be read a second time, 
Clause offered on report of bill be 
read second time, 

For receiving a clause, 

With amendments be engrossed, 
That a bill be now read a third time, 

Receive a ryder, 

Pass, - 

Be printed, - 



[ 



Ayes. 



Noes. 

Ayes. 
Noes. 

Ayes. 

30, P. J. 251 

Noes. 

Ayes. 

334. 

395. 
Noes. 398. 

260. 
Aves. 259. 



Noes. 9 Grev, 365. 



178 



MANUAL. 



^Noes, 291 



Ayes, 344. 
Noes. 

>Ayes. 



Committees. That A take the chair, 
To agree to the whole or any part 

of report, 
That the House do now resolve 
into Committee, 
Speaker. That he now leave the 
chair, after order to go into 
Committee, 
That he issue warrant for a new 
writ, - 
Member. That none be absent with- 
out leave, 
Witness. That he be further exa- 
mined, - 
Previous question, 
Blanks. That they be filled with the 

largest sum, 
Amendments. That words stand 

part of, - 
Lords. That their amendment be 

read a second time, - 
Messenger be received, 
Orders of day to be now read, if be- £ Ayes, 
fore 2 o'clock, - ) 

If after 2 o'clock, - Noes. 

Adjournment. Till the next sitting 
day, if before 4 o'clock, 
If after 4 o'clock, - Noes. 

Over a sitting day, (unless a pre- } A 

vious resolution,) - 5 ^ eSe 

Over the 30th of January, Noes. 

For sitting on Sunday, or any other > . 

day, not being a sitting day, 5 A ^ es ' 
The one party being gone forth, the speaker names 
two tellers from the affirmative, and two from the nega- 
tive side, who first count those sitting in the House, 
and report the number to the speaker. Then they 



I Noes, 



> Ayes. 



DIVISION OP THE HOUSE. 179 

place themselves within the door, two on each side, and 
count those who went forth, as they come in, and re- 
port the number to the speaker. Mem. in Hakew. 26. 

A mistake in the report of the tellers may be recti- 
fied after the report made. 2 Hats. 145. note. 

But in both houses of Congress all these intricacies 
are avoided. The ayes Jirst rise and are counU 
ed, standing in their places, by the President or 
Speaker. Then they sit, and the noes rise and are 
counted in like manner. 

In Senate, if they be equally divided, the Vice- 
President announces his opinion, which decides. 

The Constitution, however, has directed that 'the 
yeas and nays of the members of either house on any 
question, shall, at the desire of one-fifth of those pre- 
sent, be entered on the Journal.' Jind again, that 
in all cases of re-considering a bill, disapproved by 
the President, and returned with his objections, ' the 
votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and 
against the bill, shall be entered on the Journals of 
each house respectively .' 

By the 16th and 17 th rules of the Senate, when the 
yeas and nays shall be called for by one-fifth of the 
members present, each member called upon shall, un- 
less for special reasons he be excused by the Senate, 
declare, openly and without debate, his assent or dis- 
sent to the question. In taking the yeas and nays, 
and upon the call of the house, the names of the 
members shall be taken alphabetically. 

When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances what- 
ever, to vote after the decision is announced from the 
Chair. 

When it is proposed to take the vote by yeas and 
nays, the President or Speaker states that ' the ques- 



180 makil 

Hon is ithi ;-. g. the bill shall pass/ that it u p 

posed that the yeas and nays shall be entered on the 
Journal. Those, therefore, who desire it will rise.' 
If he finds and declares that one-fifth have risen, he 
then states that -thus- who are of opinion that the 
bill shall pass, are to answer in the affirmative: those 
of the contrary opinion in the negatived The clerk 
then calls ovc> ~ -.ernes alphabetically, notes the 
yea or 'nay of each, and gives the list to the Presi- 
dent or Spec- res the result. In Se- 
nate, if there be an equal divisions the Secretary calls 
on the Vice-President, and notes his affirmative or 
negative, which h ion of the house. 

In the House of Commons, every member must give 

- vote the one way or the other. Scob. 24. As it is not 
permitted to any one to withdraw who is in the ho 

en the question is put, nor is any one to be told in 
the division who was not in when the question was put 
2 Bats. 140. 

This lai ::on is always true when the vote is by 

- id nays: where the negative as well as affirmative 
of the question is stated by the President at the Sc 
time, and the vote of both begins and proce 

pari passu. It is true also when the question is put in 
y. if the negative has also been put But 
if it has not, the member entering, or any other mem- 
ber, may - and even propose amendments, by 

ich the debate may be opened again, and the qu 
tion be greatly deferred. And as some who have an- 

^red ay, may have been changed by the new argu- 
ments, the affirmative must be put over again. If, then, 
member entering may, by speaking a few words, 
a si on a repetition of the question, it would be use- 
less to deny it on his simple call for it 

While the House is telling, no member may speak, 



TITLE. 181 

ed, it must be told again. Mem. in Hakew. 26. 2 Hats. 
143. 

If any difficulty arises in point of order during the 
division, the speaker is to decide peremptorily, subject 
to the future censure of the House if irregular. He 
sometimes permits old experienced members to assist 
him with their advice, which they do, sitting in their 
seats, covered, to avoid the appearance of debate; but 
this can only be with the speaker's leave, else the di- 
vision might last several hours. 2 Hats. 143. 

The voice of the majority decides. For the lex ma- 
joris partis is the law of all councils, elections, &c, 
where not otherwise expressly provided. Hakew. 93. 
But if the House be equally divided, < semper presu- 
matur pro negante;' that is, the former law is not to 
be changed but by a majority. Towns, col. 134. 

But in the Senate of the United States, the Vice- 
President decides, when the House is divided. Const. 
U. S. I. 3. 

When, from counting the House, on a division, it 
appears that there is not a quorum, the matter continues 
exactly in the state in which it was before the division, 
and must be resumed at that point on any future day. 
2 Hats. 126. 

1606, May 1, on a question whether a member hav- 
ing said yea, may afterwards sit and change his opinion? 
a precedent was remembered by the speaker, of Mr. 
Morris, attorney of the wards in 39 Eliz. who in like 
case changed his opinion. Mem. in Hakew. 27. 



Sec. XLn. TITLE. 



After the bill has passed, and not before, the title, 
may be amended, and is to be fixed by a question; and 
the bill is then sent to the other house. 
16 



182 MANUAL. 

Sic. XLIIL RECONSIDERATION. 

When a question has been once made, and carried 
in the affirmative or negative, it shall be in order for 
any member of the majority to move for the reconsi- 
deration thereof: but no motion for the reconsider- 
ation of any vote shall be in order after a bill, reso- 
lution, message, report, amendment, or motion upon 
ivhich the vote was taken, shall have gone out of the 
possession of the Senate, announcing their decision; 
nor shall any motion for reconsideration be in order, 
unless made on the same day on which the vote was 
taken, or within the two next days of actual session 
of the Senate thereafter.* Rule 20. 

1798, Jan. J2 bill on its second reading being 
amended, and on the question whether it shall be read 
a third time, negatived, was restored by a decision to 
reconsider that question. Here the votes of negative 
and reconsideration, like positive and negative quan- 
tities in equation, destroy one another, and are as if 
they were expunged from the Journals. Consequent- 
ly, the bill is open for amendment, just so far as it 
was the moment preceding the question for the third 
reading: that is to say, all parts of the bill are open 
for amendment, except those on which votes have 
been already taken in its present stage. So, also, 
it may be recommitted. 

t The rule permitting a reconsideration of a ques- 
tion, affixing to it no limitation of time or circum- 
stance, it may be asked whether there is no limita- 
tion? If, after the vote, the paper on which it is 
passed has been parted with, there can be no recon- 
sideration: as if a vote has been for the passage of 
a bill, and the bill has been sent to the other House* 

* This part of the Rule has been added since the Manual was 
compiled. 
f The Rule now fixes a limitation. 



RECONSIDERATION. 183 

But where the paper remains, as on a bill rejected; 
when, or under what circumstances does it cease to 
be susceptible of reconsideration? This remains to 
be settled; unless a sense that the right of reconside- 
ration is a right to waste the time of the House in 
repeated agitations of the same question, so that it 
shall never know when a question is done with, should 
induce them to reform this anomalous proceeding. 

In parliament, a question once carried, cannot be 
questioned again, at the same session; but must stand as 
the judgment of the house. Toivns. col. 67. Mem. in 
Hakew. 33. And a bill once rejected, another of the 
same substance cannot be brought in again the same ses- 
sion. Hakew. 158. 6 Grey, 392. But this does not 
extend to prevent putting the same question in different 
stages of a bill; because every stage of a bill submits the 
whole and every part of it to the opinion of the house, 
as open for amendment, either by insertion or omission, 
though the same amendment has been accepted or re- 
jected in a former stage. So in reports of committees, 
e g. report of an address, the same question is before 
the house, and open for free discussion. Towns, col. 26. 
2 Hats. 98. 100, 101. So orders of the house, or in- 
structions to committees, may be discharged. So a bill, 
begun in one house, sent to the other, and there reject- 
ed, may be renewed again in that other, passed and sent 
back. ib. 92. 3 Hats. 161. Or if, instead of being re- 
jected, they read it once and lay it aside, or amend it, 
and put it off a month, they may order in another to the 
same effect, with the same or a different title. Hakew. 
97, 98. 

Divers expedients are used to correct the effects of 
this rule; as by passing an explanatory act, if any thing 
has been omitted or ill expressed, 3 Hats. 278, or an 
act to enforce, and make more effectual an act, &c. or to 
rectify mistakes in an act, &c. or a committee on one bill 
may be instructed to receive a clause to rectify the mis- 



164 MARITAL. 

takes of another. Thus, June 24, 1685, a clause was 
inserted in a bill for rectifying a mistake committed by 
a clerk in engrossing a bill of supply. 2 Hats. 194, 6. 
Or the session may be closed for one, two, three, or 
more days, and a new one commenced. But then all 
matters depending must be finished, or they fall, and 
are to begin de novo. 2 Hats. 94. 98. Or a part of the 
subject may be taken up by another bill, or taken up in 
a different way. 6 Grey* 304. 316. 

And in cases of the last magnitude, this rule has 
not been so strictly and verbally observed as to stop 
indispensable proceedings altogether. 2 Hats. 92. 98. 
Thus when the address on the preliminaries of peace 
in 17S2 had been lost by a majority of one, on account 
of the importance of the question, and smallness of 
the majority, the same question, in substance, though 
with some words not in the first, and which might 
change the opinion of some members, was brought on 
again and carried; as the motives for it were thought to 
outweigh the objection of form. 2 Hats. 99, 100. 

A second bill may be passed to continue an act of 
the same session; or to enlarge the time limited for its 
execution. 2 Hats. 95. 98. This is not in contradic- 
tion to the first act. 



Sec. XLIV. BILLS SEXT TO THE OTHER HOUSE, 

All bills passed in Senate* shall, before they are 
sent to the House of Representatives, be examined 
by a committee, consisting of three members, whose 
duty it shall be to examine all bills, amendments, 
resolutions, or motions, before they go out of the 
possession of the Senate, and to make report that 
they are correctly engrossed; which report shall be 
entered on the Journal. Rule 33, 



AMENDMENTS BETWEEN THE TWO HO0SES. 185 

A bill from the other House is sometimes ordered to 
lie on the table. 2 Hats. 97. 

When bills, passed in one House and sent to the 
other, are grounded on special facts requiring proof, 
it is usual, either by message, or at a conference, to 
ask the grounds and evidence; and this evidence, whe- 
ther arising out of papers, or from the examination of 
witnesses, is immediately communicated. 3 Hats. 48, 



Sec. XLV. AMENDMENTS BETWEEN THE HOUSES. 

When either House, e. g. the House of Commons, 
send a bill to the other, the other may pass it with 
amendments. The regular progression in this case, is, 
that the commons disagree to the amendment; the lords 
insist on it; the commons insist on their disagreement; 
the lords adhere to their amendment; the commons ad- 
here to their disagreement. The term of insisting may 
be repeated as often as they choose to keep the ques- 
tion open. But the first adherence by either renders it 
necessary for the other to recede or adhere also; when 
the matter is usually suffered to fall. 10 Grey, 148. 
Latterly, however, there are instances of their having 
gone to a second adherence. There must be an abso- 
lute conclusion of the subject somewhere, or otherwise 
transactions between the Houses would become endless. 
3 Hats. 268. 270. The term of insisting, we are told 
by Sir John Trevor, was then [1679] newly introduced 
into parliamentary usage, by the lords. 7 Grey, 94. 
It was certainly a happy innovation, as it multiplies the 
opportunities of trying modifications which may bring 
the Houses to a concurrence. Either House, however, 
is free to pass over the term of insisting, and to adhere 
in the first instance. 10 Grey, 148. But it is not re- 
spectful to the other. In the ordinary parliamentary 
16* 



186 MANUAL. 

course, there are two free conferences at least before an 
adherence. 10 Grey, 147. 

Either House may recede from its amendment and 
agree to the bill; or recede from their disagreement to 
the amendment, and agree to the same absolutely, or 
with an amendment. For here the disagreement and 
receding destroy one another, and the subject stands as 
before the disagreement. Elsynge, 23. 27. 9 Grey f 
476. 

But the House cannot recede from, or insist on its 
own amendment, with an amendment: for the same 
reason that it cannot send to the other House an amend- 
ment to its own act after it has passed the act. They 
may modify an amendment from the other House by 
ingrafting an amendment on it, because they have never 
assented to it; but they cannot amend their own amend- 
ment, because they have, on the question, passed it in 
that form. 9 Grey, 363. 10 Grey, 240. In Senate, 
March 29, 1798. Nor where one House has adhered 
to their amendment, and the other agrees with an amend- 
ment, can the first House depart from the form which 
•they have fixed by an adherence. 

In the case of a money bill, the lords proposed amend- 
ments become, by delay, confessedly necessary. The 
commons however refused them, as infringing on their 
privilege as to money bills; but they offered themselves 
to add to the bill a proviso to the same effect, which 
had no coherence with the lords amendments; and 
urged that it was an expedient warranted by precedent, 
and not unparliamentary in a case become impractica- 
ble, and irremediable in any other way. 3 Hats* 256. 
266. 270, 271. But tlie lords refused, and the bill was 
lost. 1 Chand. 288, A like case, 1 Chand. 311. So 
the commons resolve that it is unparliamentary to strike 
out at a conference any thing in a bill which hath been 
agreed and passed by both Houses. 6 Grey, 274. £ 
Chand. 312, 



CONFERENCES. 187 

A motion to amend an amendment from the other 
House, takes precedence of a motion to agree or dis- 
agree. 

A bill originating in one House is passed by the other 
with an amendment. 

The originating House agrees to their amendment 
with an amendment. The other may agree to their 
amendment with an amendment; that being only in the 
2d and not the 3d degree. For, as to the amending 
House, the first amendment with which they passed the 
bill, is a part of its text; it is the only text they have 
agreed to. The amendment to that text by the origi- 
nating House, therefore, is only in the 1st degree, and 
the amendment to that again by the amending House is 
only in the 2d, to wit, an amendment to an amend- 
ment, and so admissible. Just so, when, on a bill from 
the originating House, the other, at its 2d reading, 
makes an amendment; on the 3d reading this amend- 
ment is become the text of the bill, and if an amend- 
ment to it be moved, an amendment to that amendment 
may also be moved, as being only in the 2d degree. 



Sec. XLVI. CONFERENCES. 

It is on the occasion of amendments between the 
Houses that conferences are usually asked: but they 
may be asked in all cases of difference of opinion be- 
tween the two Houses on matters depending between 
them. The request of a conference, however, must al- 
ways be by the House which is possessed of the papers. 
3 Hats. 31. 1 Grey, 425. 

Conferences may be either simple or free. At a con- 
ference simply, written reasons are prepared by the 
House asking it, and they are read and delivered with- 
out debate to the managers of the other House at the 



1SS 



MANUAL* 



eonference; but are not then to be answered. 4 Grey, 
144. The other House then, if satisfied, vote the rea- 
sons satisfactory, or say nothing: if not satisfied, they 
resolve them not satisfactory, and ask a conference on 
the subject of the last conference, where they read and 
deliver in like manner written answers to those reasons. 
3 Grey, 183. They are meant chiefly to record the 
justification of each house to the nation at large, and to 
posterity, and in proof that the miscarriage of a neces- 
sary measure is not imputable to them. 3 Grey, 255. 
At free conferences, the managers discuss, viva voce and 
freely, and interchange propositions for such modifica- 
tions as may be made in a parliamentary way, and may 
bring the sense of the two Houses together. And each 
party reports in writing to their respective Houses, the 
substance of what is said on both sides, and it is entered 
in their journals. 9 Grey, 220. 3 Hats. 280. This re- 
port cannot be amended or altered, as that of a commit- 
tee may be. Journ. Senate, May 24, 1796. 

A conference may be asked, before the House asking 
it has come to a resolution of disagreement, insisting; or 
adhering. 3 Hats. 269. 341. In which case the^pa- 
pers are not left with the other conferees, but are 
brought back to be the foundation of the vote to be 
given. And this is the most reasonable and respectful 
proceeding. For, 'as was urged by the lords on a par- 
ticular occasion, ' it is held vain, and below the wis- 
dom of parliament, to reason or argue against fixed reso- 
lutions, and upon terms of impossibility to persuade/ 
3 Hats. 226. So the commons say, < an adherence 
is , never delivered at a free conference, which im- 
plies debate/ 10 Grey, 147. And on another occasion 
the lords made it an objection that the commons had 
asked a free conference after they had made reso- 
lutions of adhering. It was then affirmed, how- 
ever, on the part of the commons, that nothing was 
more parliamentary than to proceed with free confer- 
ences after adhering, 3 Hats. 269, and we do in fact see 



CONFERENCES. 189 

instances of conference, or of free conference, asked af- 
ter the resolution of disagreeing. 3 Hats. 251. 253. 260* 
286. 291. 316. 349. of insisting, ib. 280. 296. 299. 
319. 322. 355; of adhering, 269, 270. 283. 300, and 
even of a second or final adherence. 3 Hats. 270. 
And in all cases of conference asked after a vote of dis- 
agreement, &c. the conferees of the House asking it, 
are to leave the papers with the conferees of the other: 
and in one case where they refused to receive them, they 
were left on the table in the conference chamber, ib. 
271. 317.323. 354. 10 Grey, 146. 

After a free conference, the usage is to proceed with 
free conferences, and not to return again to a conference. 
3 Hats. 270. 9 Grey, 229. 

After a conference denied, a free conference may be 
asked. 1 Grey, 45. 

When a conference is asked, the subject of it must 
"be expressed, or the conference not agreed to; Ord. H. 
Com. 89. 1 Grey, 425. 7 Grey, 31. They are some- 
times asked to inquire concerning an offence or default 
of a member of the other House. 6 Grey, 181. 
1 Chand. 304. Or the failure of the other House to pre- 
sent to the King a bill passed by both Houses, 8 Grey, 
302. Or on information received, and relating to the 
safety of the nation, 10 Grey, 171. Or when the me- 
thods of parliament are thought by the one House to 
have been departed from by the other, a conference is 
asked to come to a right understanding thereon. 10 
Grey, 148. So when an unparliamentary message has 
been sent, instead of answering it, they ask a confer- 
ence. 3 Grey, 155. Formerly an address or articles 
of impeachment, or a bill with amendments, or a vote 
of the House, or concurrence in a vote, or a message 
from the King, were sometimes communicated by way 
of conference. 6 Grey, 128. 300. 387. 7 Grey, 80/ 
8 Grey, 210, 255. 1 Torbuck's Deb. 278. 10 Grey, 
293. 1 Chandler, 49, 287. But this is not the mo- 
dern practice, S Grey, 255. 



190 MANUAL. 



A conference has been asked after the first reading of 
a bill. 1 Grey, 194. This is a singular instance. 



Sec. XLVII. MESSAGES. 

Messages between the houses are to be sent only while 
both houses are sitting. 3 Hats. 15. They are re- 
ceived during a debate, without adjourning the debate. 
3 Hats. 22. 

In Senate the messengers are introduced in any 
state of business, except, 1. White a question is put- 
ting. 2. While the yeas and nays are calling. 3. While 
the ballots are counting. Ride 46. The first case 
is short: the second and third are cases where any 
interruption might occasion errors difficult to be cor- 
rected. So arranged, June 15, 179S. 

In the House of Representatives, as in parliament, if 
the house be in committee when a messenger attends, 
the speaker takes the chair to receive the message, and 
then quits it to return into committee, without any 
question or interruption. 4 Grey, 226. 

Messengers are not saluted by the members, but by 
the speaker for the house. 2 Grey, 253. 274. 

If messengers commit an error in delivering their 
message, they may be admitted, or called in to correct 
their message. 4 Grey, 41. Accordingly, March 13, 
1800, the Senate having made two amendments to a 
bill from the House of Representatives, their secretary, 
by ^mistake, delivered one only; which being inadmis- 
sible by itself, that house disagreed, and notified the 
Senate of their disagreement. This produced a disco- 
very of the mistake. The secretarv was sent to the 
other house to correct his mistake, the correction was 
received, and the two amendments acted on de novo. 

As soon as the messenger, who has brought bills 
from the other house, has retired, the sneaker holds the 



MESSAGES. 191 

bills in his hand, and acquaints the house * that the other 
house have by their messenger sent certain bills/ and 
then reads their titles, and delivers them to the clerk, 
to be safely kept, till they shall be called for to be read. 
Hakew. 178. 

It is not the usage for one house to inform the other 
by what numbers a bill has past. 10 Grey, 150. Yet 
they have sometimes recommended a bill, as of great 
importance, to the consideration of the house to which 
it is sent. 3 Hats. 25. Nor when they have rejected 
a bill from the other house, do they give notice of it; 
but it passes sub silentio, to prevent unbecoming alter- 
cations. 1 Blackst. 183. 

But in Congress the rejection is notified by mes- 
sage to the house in which the bill originated. 

A question is never asked by the one house of the 
other by way of message, but only at a conference; for 
this is an interrogatory, not a message. 3 Grey, 151. 
181. 

When a bill is sent by one house to the other, and is 
neglected, they may send a message to remind them of 
it. 3 Hats. 25. 5 Grey, 154. But if it be mere in- 
attention, it is better to have it done informally, by com- 
munications between the speakers, or members of the 
two houses. 

Where the subject of a message is of a nature that it 
can properly be communicated to both houses of par- 
liament, it is expected that this communication should be 
made to both on the same day. But where a message 
was accompanied with an original declaration, signed by 
the party to which the message referred, its being sent 
to one house, was not noticed by the other, because the 
declaration, being original, could not possibly be sent 
to both houses at the same time. 2 Hats. 260, 261, 262. 

The king, having sent original letters to the com- 
mons, afterwards desires they may be returned, that he 
may communicate them to the lords. 1 Chandler, 
303. 



192 MANUAL. 

Sec. XL VIII. ASSENT. 

The house which has received a bill and passed it 
may present it for the king's assent, and ought to do it, 
though they have not by message notified to the other 
their passage of it. Yet the notifying by message is a 
form which ought to be observed between the two houses 
from motives of respect and good understanding. 2 
Hats. 242. Were the bill to be withheld from being- 
presented to the king, it would be an infringement of 
the rules of parliament, ib. 

When a bill has passed both Houses of Congress, 
the House last acting on it, notifies its passage to 
the other, and delivers the bill to the Joint Commit- 
tee of Enrollment, who see that it is truly enrolled in 
parchment. When the bill is enrolled, it is not to be 
written in paragraphs, but solidly, and all of a piece, that 
the blanks between the paragraphs may not give room 
for forgery. 9 Grey, 143. It is then put into the 
hands of the Clerk of the House of Representatives 
to have it signed by the Speaker. The Clerk then 
brings it by way of message to the Senate to be sign- 
ed by their President. The Secretary of the Senate 
returns it to the Committee of Enrollment, who pre- 
sent it to the President of the United States. If he 
approve, he signs, and deposits it among the rolls in 
the office of the Secretary of Slate, and notifies by 
message the House in which it originated that he has 
approved and signed it; of which that House informs 
the other by message. If the President disapproves 
he is to return it, with his objections, to that House 
hi which it shall have originated; who are to enter 
the objections at large on their journal, and proceed 
to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it 
shall be sent, together with the President's objections, 
to the other House, by which it shall likewise be re- 



JOURNALS. 193 

considered, and if approved by two-thirds of that 
House, it shall become a laiv> If any bill shall not 
be returned by the President within ten days (Sun- 
days excepted,) after it shall have been presented to 
him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress, by their adjourn- 
ment, prevent its return; in which case it shall not 
be a law. Const. U. S I. 7. 

Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary, (except on a question of adjourn- 
ment,) shall be presented to the President of the 
United States, and before the same shall take effect, 
shall be approved by him, or being disapproved by 
him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill* 
Const. U. S. I. 7. 



Sec. XLIX. JOURNALS. 

Each House shall keep a journal of its proceedings, 
and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy . 
Const. I. 5. 

The proceedings of the Senate, tvhen not acting 
as in a Committee of the Wliole, shall be entered on 
the journals, as concisely as possible, care being taken 
to detail a true account of the proceedings. Every 
vote of the Senate shall be entered on the jour- 
nals, and a brief statement of the contents of each 
petition, memorial, or paper presented to the Senate, 
be also inserted on the journal. Rule 32. 

The titles of bills, and such parts thereof only, as 

17 



194 



MANUAL, 



shall be affected by proposed amendments, shall be 
inserted on the journals. Rule 31. 

If a question is interrupted by a vote to adjourn, or to 
proceed to the orders of the day, the original question 
is never printed in the journal, it never having been a 
vote, nor introductory to any vote: but when suppress- 
ed by the previous question, the first question must be 
stated, in order to introduce and make intelligible the 
second. 2 Hats. S3. 

So also when a question is postponed, adjourned, or 
laid on the table, the original question, though not yet 
a vote, must be expressed in the journals; because it 
makes part of the vote of postponement, adjourning, or 
laying it on the table. 

Where amendments are made to a question, those 
amendments are not printed in the journals, separated 
from the question; but only the question as finally 
agreed to by the House. The rule of entering in the 
journals only what the House has agreed to, is founded 
in great prudence and good sense; as there may be many 
questions proposed which it may be improper to pub- 
lish to the world, in the form in which they are made. 
2 Hats. 85. 

In both Houses of Congress, all questions whereon 
the yeas and nays are desired by one-fifth of the mem- 
bers present, whether decided affirmatively or nega- 
tively, must be entered in the journals. Const. I. 5. 

The first order for printing the votes of the House 
of Commons, was October 30, 1685. 1 Chandler, 387. 

Some judges have been of opinion that the journals 
of the House of Commons are no records, but only re- 
membrances. But this is not law. Hob. 110, 111. Lex. 
Pari. 114, 115. Jour. H. C. Mar. 17, 1592. Hale. 
Pari. 105. For the Lords in their House have power 
of judicature, the Commons in their House have power 
of judicature, and both Houses together have power of 
judicature; and the book of the Clerk of the House of 



ADJOURNMENT. 195 

• - 

Commons is a record, as is affirmed by act of Pari. 
6 H 8. c. 16. 4 List. 23, 24. and every member of 
the House of Commons hath a judicial place. 4 Inst. 15. 
As records they are open to every person, and a printed 
vote of either House is sufficient ground for the other 
to notice it. Either may appoint a Committee to in- 
spect the journals of the other, and report what has 
been done by the other in any particular case. 2 Hats. 
261. 3 Hats. 21 — 30. Every member* has a right to 
see the journals, and to take and publish votes from 
them. Being a record, every one may see and publish 
them. 6 Grey, 118, 119. 

On information of a mis-entry or omission of an en- 
try in the journal, a Committee may be appointed to 
examine and rectify it, and report it to the House. 2 
Hats. 194, 5. 



Sec. L. ADJOURNMENT. 

The two Houses of Parliament have the sole, sepa- 
rate, and independent power of adjourning each their 
respective Houses. The king has no authority to ad- 
journ them; he can only signify his desire, and it is in 
the wisdom and prudence of either House to comply' 
with his requisition, or not, as they see fitting. 2 Hats. 
232. 1 Blackstone, 186. 5 Grey, 122. 

By the Constitution of the United States a smaller 
number than a majority may adjourn from day to 
day. I. 5. But ' neither House, daring the session of 
Congress, shall, without the consent of the other, ad- 
journ for 7nore than three days, nor to any other 
place than that in ivhich the two Houses shall be sit- 
ting.' I. 5. And in case of disagreement, between 
them, with respect to the time of adjournment, the 
President may adjourn the?n to such time as he shall 
think proper. Const. II. 3. 



1 9& MANUAL. 

A motion to adjourn, simply, cannot be amended as 
by adding t to a particular day/ But must be put sim- 
ply i that this House do now adjourn?' and if carried 
in the affirmative, it is adjourned to the next sitting 
day, unless it has come to a previous resolution, ' that at 
its rising it will adjourn to a particular day/ and then 
the House is adjourned to that day. 2 Hats. 82. 

Where it is convenient that the business of the House 
be suspended for a short time, as for a conference pre* 
gently to be held, &c, it adjourns during pleasure, 2 
Hats. 305. Or for a quarter of an hour. 5 Grey, 331. 

If a question be put for adjournment, it is no adjourn- 
ment till the Speaker pronounces it. 5 Grey, 137. 
And from courtesy and respect, no member leaves his 
place till the Speaker has past on. 



Sec. LI. A SESSION. 

Parliament have three modes of separation, to witr 
by adjournment, by prorogation, or dissolution by the 
king, or by the efflux of the term for which they were 
elected. Prorogation or dissolution constitutes there 
what is called a session; provided some act has passed. 
In this case all matters depending before them are dis- 
continued, and at their next meeting are to be taken up 
de novo, if taken up at all. 1 Blackst. 186. Adjourn- 
ment, which is by themselves, is no more than a con- 
tinuance of the session from one day to another, or for 
a fortnight, a month, &c. ad libitum. All matters de- 
pending remain in statu quo, and when they meet again, 
be the term ever so distant, are resumed without any 
fresh commencement, at the point at which they were 
left. 1 Lev. 165. Lex. Pari. c. 2. 1 Eo. Rep. 29. 4 
Inst. 7. 27, 28. Hutt. 61. 1 Mod. 252. Ruffh. Jac. 
X. Diet. Parliament. I Blackst. 186. Their whole 



A SESSION.' 197 

session is considered in law but as one day, and has re- 
lation to the first day thereof. Bro. Jlbr. Parliament, 
86. 

Committees may be appointed to sit during a recess 
by adjournment, but not by prorogation. 5 Grey, 374. 
9 Grey, 350. 1 Chandler, 50. Neither house can con- 
tinue any portion of itself in any parliamentary func- 
tion, beyond the end of the session, without the consent 
of the other two branches. When done, it is by a bill 
constituting them commissioners for the particular pur- 
pose. 

Congress separate in two ways only, to wit, by 
adjournment, or dissolution by the efflux of their 
time* What then constitutes a session with them? 
ift dissolution certainly closes one session, and the 
meeting of the new Congress begins another. The 
Constitution authorizes the President, i on extraor- 
dinary occasions, to convene both Houses, or either of 
them. ' I. 3. If convened by the President 9 s pro- 
clamation, this must begin a new session, and of 
course determine the preceding one to have been a 
session. So if it meets under the clause of the Con- 
stitution, which says, 'the Congress shall assemble at 
least once in every year, and such meeting shall be on 
the first Monday in December, unless they shall by 
law appoint a different day.'' I. 4. This must be- 
gin a new session. For even if the last adjournment 
id as to this day, the act of adjournment is merged 
in the higher authority of the Constitution, and the 
meeting will be under that, and ?iot under their ad- 
journment. So far toe have fixed land marks for 
determining sessions. In other cases it is declared 
by the joint vote authorizing the President of the Se- 
nate and the Speaker to close the session on a fixed 
day, which is usually in the following form : ' Re- 
solved, by the Senate and House of Representatives, 
that the President of the Senate and the Speaker of 
17* 



198 MANUAL, 

the House of Representatives be authorized to close 
the present session by adjourning their respective 
Houses on the — day of — j 

When it was said above that all matters depending 
before Parliament were discontinued by the determi- 
nation of the session, it was not meant for judiciary 
cases, depending before the House of Lords, such as 
impeachments, appeals, and writs of error. These 
stand continued, of course, to the next session. Raym. 
120. 381. Ruffh. Jac. L. D. Parliament. 

Impeachments stand in like manner, continued 
before the Senate of the United States. 



Sec. LII. TREATIES. 

The President of the United States has power, by 
and icith the advice and consent of the Senate, to 
make treaties, provided two-thirds of the Senators 
present concur. Const. U. S. II. 2. 

Resolved, that all confidential communications, 
made by the President of the United States to the 
Senate, shall be, by the members thereof, kept secret; 
and that all treaties, which may hereafter be laid 
before the Senate, shall also be kept secret; until the 
Senate shall, by their resolution, take off the injunc- 
tion of secrecy. Rule 38. 

Treaties are legislative acts. A treaty is the law of 
the land. It differs from other laws only as it must 
have the consent of a foreign nation, being but a con- 
tract with respect to that nation. In all countries, I 
believe, except England, treaties are made by the le- 
gislative power: and there also, if they touch the laws 
of the land, they must be approved by Parliament. 
Waretfc Hylton. 3 Dallas Rep. 223. It is acknow- 
ledged, for instance, that the Xing of Great Britain 



TREATIES. 19& 

cannot, by a treaty, make a citizen of an alien. Vat- 
tel, b. I.e. 19. sec. 214. An act of Parliament was 
necessary to validate the American treaty of 1783 
And abundant examples of such acts can be cited. In 
the case of the treaty of Utrecht, in 1712, the com- 
mercial articles required the concurrence of Parliament. 
But a bill brought in for that purpose was rejected. 
France, the other contracting party, suffered these arti- 
cles, in practice, to be not insisted on, and adhered to 
the rest of the treaty. 4 RussePs Hist. Mod. Eu- 
rope, 457. 2 Smollet, 242. 246. 

By the Constitution of the United States, this de- 
partment of legislation is confided to two branches 
only of the ordinary legislature; the President origi- 
nating, and the Senate having a negative. To what 
subjects this power extends, has not been defined in 
detail by the Constitution; nor are we entirely agreed 
among ourselves. 1. It is admitted that it must 
concern the foreign nation, party to the contract, or 
it would be a mere nullity, res inter alios acta. 2. 
By the general power to make treaties, the Constitu- 
tion must have intended to comprehend only those sub 
jects which are usually regulated by treaty, and can- 
not be othenvise regulated. 3. 7/ must have meant 
to except out of these the rights reserved to the States; 
for surely the President and Senate cannot do by 
treaty what the whole Government is interdicted 
from doing in any ivay. 4. And also to except 
those subjects of legislation in which it gave a parti- 
cipation to the House of Representatives. This last 
exception is denied by some, on the ground that it 
would leave very little matter for the treaty power to 
work on. The less the better, say others. The Con- 
stitution thought it wise to restrain the executive and 
Senate from entangling and embroiling our affairs 
with those of Europe. Besides, as the negotiations 
are carried on by the executive alone, the subjecting to 



200 MANUAL. 

the ratification of the representatives such articles as 
are within their participation, is no more inconveni- 
ent than to the Senate. But the ground of this ex- 
ception is denied as unfounded. For examine, e. g. 
the treaty of commerce with France, and it will be 
found that, out of 31 articles, there are not more 
than small portions of two or three of them ivhich 
would not still remain as subjects of treaties, un- 
touched by these exceptions. 

Treaties being declared, equally with the laws of 
the United States, to be the supreme law of the land, 
it is understood that an act of the legislature alone 
can declare them infringed and rescinded. This 
was accordingly the process adopted in the case of 
France in 1798. 

It has been the usage for the executive, ivhen it 
communicates a treaty to the Senate for their ratifi- 
cation, to communicate also the correspondence of 
the negotiators. This having been omitted in the 
case of the Prussian treaty, was asked by a vote of 
the House, of Feb. 12, 1800, and teas obtained, And 
in Bee. 1800, the convention of that year betiveen 
the United States and France, ivith the report of the 
negotiations by the envoys, but not their instructions, 
being laid before the Senate, the instructions ivere 
asked for and communicated by the President. 

The mode of voting on questions of ratification is 
by nominal call. 

Whenever a treaty shall be laid before the Senate 
for ratification, it shall be read a first time for in- 
formation only ; when no motion to reject, ratify, 
or modify the whole, or any part, shall be received. 
Its second reading shall be for consideration, and 
on a subsequent day, when it shall be taken up 
as in a committee of the whole, and every one shall 
be free to move a question on any particular article, 
in this form, " Will the Senate advise and consent 



TREATIES. 201 

to the ratification of this article?" or to propose 
amendments thereto, either by inserting or by leav- 
ing out words, in which last case the question shall 
be, < Shall the words stand part of the article?' And 
in every of the said cases, the concurrence of two- 
thirds of the Senators present shall be requisite to de- 
cide affirmatively. And, when through the whole, 
the proceedings shall be stated to the House, and 
questions be again severally put thereon for confirm- 
ation, or neiv ones proposed requiring in like man- 
ner a concurrence of two-thirds for whatever is re- 
tained or inserted. 

The votes so confirmed shall, by the House, or a 
committee thereof, be reduced into the form of a 
ratification, with or without modifications, as ??iay 
have been decided, and shall be proposed on a subse- 
quent day, when every one shall again be free to move 
amendments, either by inserting or leaving out 
words; in which last case the question shall be, ' Shall 
the words stand part of the resolution?' And in both 
eases the concurrence of two -thirds shall be requisite 
to carry the affirmative; as well as on the fined ques- 
tion to advise and consent to the ratification in the 
form agreed to. Rule 37. 

When any question may have been decided by 
the Senate, in which two-thirds of the members 
present are necessary to carry the affirmative, any 
member who voted on that side which prevailed in 
the question, may be at liberty to move for a recon- 
sideration ; and a motion for reconsideration shall 
be decided by a majority of votes. Rule 44. 



2G9 MANUAL. 



SEC. Lffl. IMPEACHMENT. 



The House of Representatives shall have the sole 
power of impeachment. Const. U. S. I. 3. 

The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall 
preside: and no person shall be convicted without the 
concurrence of two-thirds of the members present. 
Judgment in cases of impeachment shall not extend 
farther than to removal from office, and disqualifi- 
cation to hold and enjoy any office of honor, trust, 
or profit under the United States. But the party 
convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, accord- 
ing to law. Cons. I. 3. 

The President, Vice-President, and all civil officers 
t>f the United Slates, shall be removed from office 
on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors. 
Const. II. 4. 

The trial of crimes, except in cases of impeach- 
ment, shall be by jury. Const. Ill 2. 

These are the provisions of the Constitution of the 
United States on the subject of impeachments. The 
following is a sketch of some of the principles and 
practicesof England on the same subject. 

Jurisdiction. The lords cannot 'impeach any to 
themselves, nor join in the accusation, because they 
are the judges. Selcl. Judic. in Pari. 12. 63. Nor can 
they proceed against a commoner but on complaint of 
the Commons. Id. 84. The lords may not, by the 
law, try a commoner for g capital offence, on the in- 
formation of the king or r private person; because the 
accused is entitled to a trial by his peers generallv: but 



m 



IMPEACHMENT. 203 

on accusation by the House of Commons, they may 
proceed against the delinquent, of whatsoever degree, 
and whatsoever be the nature of the offence; for there 
they do not assume to themselves trial at common law. 
The Commons are then instead of a jury, and the judg- 
ment is given on their demand, which is instead of a 
verdict. So the lords do only judge, but not try the 
delinquent. Id. 6, 7. But Wooddeson denies that a 
commoner can now be charged capitally before the 
lords, even by the Commons; and cites Fitzharris's 
case, 1681, impeached of high treason, where the lords 
remitted the prosecution to the inferior court. 8 Grey's 
Deb. 325—7. 2 Wooddeson, 601. 576. 3. Seld. 
1610. 1619. 1641. 4. Blackst. 257. 3 Seld. 1604. 
1618. 9. 1656. 

Accusation. The Commons, as the grand inquest 
of the nation, become suitors for penal justice. 2 
fVoodd. 597. 6 Grey, 356. The general course is 
to pass a resolution containing a criminal charge against 
the supposed delinquent, and then to direct some mem- 
ber to impeach him by oral accusation, at the bar of 
the House of Lords, in the name of the Commons. 
The person signifies that the articles will be exhibited, 
and desires that the delinquent may be sequestered from 
his seat, or be committed, or that the peers will take 
order for his appearance. Sachev. Trial. 325. 2 
Wood. 702. 605. Lords' Journ. 3 June, 1701. 1 
Wms. 616. 6 Grey, 324. 

Process. If the party do not appear, proclamations 
are to be issued, giving him a day to appear. On their 
return they are strictly examined. If any error be 
found in them, a new proclamation issues, giving a 
short day. If he appear not, his goods may be arrest- 
ed, and they may proceed. Seld. Jud. 98, 99. 

Articles. The accusation (articles) of the Com- 
mons is substituted in place of an indictment. Thus, 
by the usage of Parliament, in impeachment for writ- 



204 MANUAL. 

ing or speaking, the particular words need not be spe- 
cified. Sack. Tr. 325. 2 Wood, 602. 605. Lords' 
Journ. 3 June, 1701. 1 Wins. 616. 

Appearance. If he appears, and the case be capital, 
he answers in custody: though not if the accusation be 
general. He is not to be committed but on special ac- 
cusations. If it be for a misdemeanor only, he an- 
swers, a lord in his place, a commoner at the bar, and 
not in custody, unless, on the answer, the lords find 
cause to commit him, till he find sureties to attend, and 
lest he should fly. Seld. Jud. 98, 99. A copy of the 
articles is given him, and a day fixed for his answer. 
T. Ray. 1 Rushio. 26S. Fost. 232. 1 Clar. Hist, of 
the Reb. 379. On a misdemeanor, his appearance 
may be in person, or he may answer in writing, or by 
attorney. Seld. Jud. 100. The general rule on an ac- 
cusation for a misdemeanor, is, that in such a state of li- 
berty or restraint as the party is when the commons 
complain of him, in such he is to answer. Id. 101. If 
previously committed by the Commons, he answers as 
a prisoner. But this may be called in some sort judici- 
um parium suorum. lb. In misdemeanors the party 
has a right to counsel by the common law, but not in 
capital cases. Seld. Jud. 102 — 5. 

Answer. The answer need not observe great strict- 
ness of form. He may plead guilty, as to part, and 
defend as to the residue ; or, saving all exceptions, 
deny the whole, or give a particular answer to each arti- 
cle separately. 1 Rush. 214. 2 Rush. 1374. 12 
Pari. Hist. 442. 3 Lords 7 Journ. 13 Nov. 1643. 2 
Wood. 607. But he cannot plead a pardon in bar to 
the impeachment. 2 Wood. 615. 2 St. Tr. 735. 

Replication, Rejoinder, &c. There may be a repli- 
cation, rejoinder, &c. Sel. Jud. 114. 8 Grey's Deb. 
233. Sach. Tr. 15. Jour. H. of Commons, § March, 
1640, L 



IMPEACHMENT. 205 

Witnesses. The practice is to swear the witnesses 
in open house, and then examine them there: or a com- 
mittee may be named, who shall examine them in com- 
mittee, either on interrogatories agreed on in the house, 
or such as the committee in their discretion shall de- 
mand. Seld. Jud. 120. 123. 

Jury- In the case of Alice Pierce, 1 R. 2. a jury 
was empannelled for her trial before a committee. Seld. 
Jud. 123. But this was on a complaint, not on im- 
peachm0nt by the Commons. Seld. Jud. 163. It 
must alsb have been for a misdemeanor only, as the 
lords spiritual sat in the case, which they do on misde- 
meanors, but not in capital cases. Id. 148. The judg- 
ment was a forfeiture of all her lands and goods. Id. 188. 
This, Selden says, is the only jury he finds recorded 
in Parliament for misdemeanors: but he makes no doubt, 
if the delinquent doth put himself on the trial of his 
country, a jury ought to be empannelled, and he adds 
that it is not so on impeachment by the Commons; for 
they are in loco proprio, and there no jury ought to be 
empannelled. Id. 124. The Ld. Berkeley, 6 E. 3. 
was arraigned for the murder of L. 2. on an informa- 
tion on the part of the king, and not on impeachment 
of the Commons; for then they had been patria sua. 
He waived his peerage, and was tried by a jury of 
Gloucestershire and Warwickshire. Id. 125. In 1 H. 
7. the Commons protest that they are not to be con- 
sidered as parties to any judgment given, or hereafter 
to be given in Parliament. Id. 133. They have been 
generally, and more justly considered, as is before 
stated, as the grand jury. For the conceit of Selden 
is certainly not accurate, that they are the patria sua 
of the accused, and that the lords do only judge, but 
not try. It is undeniable that they do try. For they 
examine witnesses as to the facts, and acquit or con- 
demn, according to their own belief of them. And 
lord Hale says, ' the peers are judges of law as well as 
18 



206 MANUAL. 

of fact'.' 2 Hale, P. C. 275. Consequently of fact 
as well as of law. 

Presence of Commons. The Commons are to be 
present at the examination of witnesses. Seld. Jud. 
124. Indeed they are to attend throughout, either as a 
committee of the whole house, or otherwise, at discre- 
tion, appoint managers to conduct the proofs. Rushw. 
Tr. of Straff. 37. Com. Journ. 4 Feb. 1709—10. 
2 Woodd. 614. And judgment is not to be given till 
they demand it. Seld. Jud. 124. But they are not 
to be present on impeachment when the lords consider 
of the answer or proofs, and determine of their judg- 
ment. Their presence, however, is necessary at the an- 
swer and judgment in cases capital. Id. 58. 159, as 
well as not capital, 162. The lords debate the judg- 
ment among themselves. Then the vote is first taken 
on the question of guilty or not guilty; and if they 
convict, the question, or particular sentence, is out of 
that which seemeth to be most generally agreed on. 
Seld. Jud. 167. 2 Woodd. 612. 

Judgment. Judgments in Parliament, for death, have 
been strictly guided per legem terrse, which they can- 
not alter: and not at all according to their discretion. 
They can neither omit any part of the legal judgment, 
nor add to it. Their sentence must be secundum, non 
ultra legem. Seld. Jud. 168 — 171. This trial, 
though it varies in external ceremony, yet differs not 
in essentials from criminal prosecutions before inferior 
courts. The same rules of evidence, the same legal 
notions of crimes and punishments, prevail. For im- 
peachments are not framed to alter the law, but to car- 
ry it into more effectual execution against too powerful 
delinquents. The judgment, therefore, is to be such as 
is warranted by legal principles or precedents. 6 St a. 
Tr. 14. 2 Woodd. 611. The chancellor gives judg- 
ment in misdemeanors; the lord high steward former- 
ly in cases of life and death. Seld. Jud. 180. But 
now the steward is deemed not necessary. Fost. 144. 



IMPEACHMENT. 207 

2 Woodd. 613. In misdemeanors the greatest corpo- 
ral punishment hath been imprisonment. Seld. Jud. 
184. The king's assent is necessary in capital judg- 
ments, ( but 2 Woodd. 614, contra) but not in misde- 
meanors, Seld. Jud. 136. 

Continuance. An impeachment is not discontinued 
by the dissolution of Parliament; but may be resumed 
by the new Parliament. T. Ray. 383. 4 Com. 
Journ. 23 Bee. 1790. Lords' Jour. May 16, 1791, 
2 Woodd. 618. 



INDEX TO THE MANUAL* 



A, 

Page, 

Absence, not allowed without leave - 121 

provision in cases of - - - 121 

Address, by the President, &c. - 123 

Adjournment, motion for, cannot be amended - - 196 

to be declared by the Speaker - - 196 

for more than three days, by concurrent 

votes - - - - 195 

provision for disagreement respecting* - 195 

effect of, on business depending. See Session. 196-8 

Amendment to Bills. — See Bills. - - - 149 

made in Committee of the Whole, falls by a 

reference - 150 
proposed, inconsistent with one adopted, 

may be put - 16o 
may be amended prior to adoption, but not 

after - - - - - 166 
(proposed,) by striking out, and lost, the pa- 
ragraph proposed to be stricken out cannot 

be amended .... 166 
not identical, or equivalent, to one lost, may 

be proposed - 167 
by insertion, how far liable to further amend- 
ment - - - - - 167 
Assent to bills, by the Executive, regulations respecting 192 

B. 

Bills, new, concerning their introduction - - 139 

to receive three readings, &c. - 142 

may be brought in on notice and leave - 142 

forms in introducing - - - - 142 

not amended at first reading - 142 
proceedings on second reading - 143.152-3 

how and to whom committed - 143-4 

shall be read twice before commitment - 144 

not to be referred to avowed opponents - 144 

referred, mav be delivered to any of the Committee 144 
18* 



~10 INDEX TO THE MANUAL. 

Pag€. 

Bills, parts of, may be committed - - - 148 
amendments to, how considered and proceeded 

on - - - . _ 149.169.186 

amendments to fall by a reference, in Committee 

of the Whole, to Special Committee - 150 

amendments to, may be insisted on, or adhered to 185 
amendments to, cannot be receded from or insist- 
ed on, by the amending House, with a further 

amendment ----- 186 
amendment to an amendment has precedence over 

a motion to agree or disagree - - 187 

amendments to amendments, how far admissable 187 

proceedings upon in Committee of the Whole, 84c. 151 

third reading of, at what hour - 174 

on third reading may be recommitted - - 175 

on third reading amended by ryders - - 175 

on third reading, blanks in may be filled - 175 

titles, when made - - - - 181 
reconsideration may be moved by one of majority, 

or of the prevailing side - - - 182. 201 
reconsideration, at what time to be moved - 182 
reconsideration, effect of a vote for - - 182 
(rejected) relating to their being brought in dur- 
ing the same session. — See 13th Joint Rule - 183 
originating in one House, rejected in the other, 

may be renewed in the rejecting House - 183 
expedients for remedying omissions in - 183-4 
mode of proceeding, when founded on facts re- 
quiring explanation - - - - 185 
effect of a vote to insist or adhere - - 185 
conferences upon, at what stages, and by whom 

asked -• - - - - 187 
papers relating to r J&be left with the conferees of 

the House acceding to the conference - 189 
enrolling - - - - - 192 
proceedings when disapproved - - 192 
not returned in ten days, to be laws, unless an ad- 
journment intervene, - 198 
Blanks, construction of the rule for filling - - 168 
Business, a settled order in its arrangement useful - 129 

C. 

Call of the House, proceedings in case of - - 120-1 

Vhairman, may be temporarily appointed in Senate, [Note] 123 



INDEX TO THE MANUAL. 211 

Page 
Committee, a member elect, though not sworn, may be ap- 
pointed on - - - 114 
may elect their Chairman V - " - - 123 
Committees, standing - - \^ /- - - 123-4 
forms and proceedings of - 123. 145 
joint, how they act ... 124 
who shall compose - 144 
how appointed in Senate - 144 
time and place of meeting - - 144-5 
majority of, to constitute a quorum - 145 
who may be present at their sittings - 145 
their power over a bill - - - 145 
have entire control of a report recommitted 148 
dissolved by a report ... 146 
how revived - 146 
may be discharged from instructions - 183 
when they may sit during recess - - 197 
effect of a reference to, when a bill has been 
amended in committee of the whole - 150 
Committee of the Whole, proceedings in - 125-6. 150 
irregularly dissolved - - 126 
cannot adjourn - - 126 
report proceedings - - 126 
subjects which have passed 
through, may be referred to 
special committees - - 150 
particulars which attach to - 151 
Communications, confidential, to be kept secret - 198 
Conferences, when, by which House, and at what stages 

to be asked .... 187 
Congress, member of, no person holding office under the 

United States, can be 120 
cannot adjourn for more than three days, ex- 
cept by joint vote. — See Adjournment. 188-9, 190 

Counsel may be heard on private bills - 128 

Count of the House may be called ... 120 

D. 

Debate, forms and proprieties to be observed in - 132-3-4 
the Speaker not allowed to engage in, except on 

points of order .... 133 

proceedings of the House not to be censured - 133 

personalities to be prohibited - 134 

motives not to be arraigned - 134 



212 INDEX TO THE MANUAL. 

Page- 
Debate, violation of order in, to be suppressed by the 

Speaker - 134-6-7 
disorderly words not to be noticed until the 

member has finished - 135 
disorderly words, when taken down - - 136 
proceedings of the other House not to be no- 
ticed in - 136 
members concerned or implicated by the sub- 
ject of, ought to withdraw - 137 
Decorum, points of 137 
Division {of the House) practice in ascertaining 176-7-8-9 
Dooi'S to be kept by porters - 138 
rule respecting their being closed - - 138 

E. 

Elections, time, place, and manner of holding - - 117 

of members to be judged by each House - 117 

H. 

House of Representatives. — See Representatives. 

House, division of, how ascertained - 176-7-8-9, 180, 181 



Impeachment, to be made by the House of Representatives 202 

' to be tried by the Senate - - 202 

who shall preside at ~-' : - - - 202 

continued by an adjournment - - 198 

extent of a judgment by - 202 
party convicted on, still liable to trial and 

punishment, according to law - - 202 

officers convicted by, to be removed - 202 
sketch of the law of Parliament, respect- 
ing 202-3-4-5-6-7 

Inquiry, or accusation, common fame a ground for - 127 

J. 

Journal, shall be kept by each House - 193 

of each House to be published - -" 193 

shall show every vote - 193 
to contain a brief statement of every petition 

and paper, &c presented - 19$ 
titles oftulls and parts affected by amendments, 

to be inserted on .... 193-4 

what questions shall be entered on - - 194 

a record, in law - - - - 194 

subject to-e%itmination - 194 

Jury trial, secured in certain cases - 202 



INDEX TO THE MANUAL, 213 

Ii. 

Page, 

Legislative power, vested in Congress ... 108 

Legislature, members of National, their compensation • 108 

National, powers of 108 

M. 

Majority decides on genera] questions - - 181 
Members and officers of one House not amenable to the 

other ..... 136 

Messages, when received .... 190 

forms in receiving" .... 190 

errors in their delivery may be corrected - 190 

bills not acted on, the subjects of . - - 191 

Motion, not to be put or debated until seconded - 140 

to be reduced to writing if desired - - 140-1 

to be read for information - - - 141 

to adjourn, not in order when a member has the 

floor ---.-. 141 

privileged, what shall be. — See Questions. - 155 

O. 

Officers, of either House, forms of nomination or election 122 

of one House, not amenable to the other - 136 

Order, ■ c instances make" - - - - 131 

respecting papers. — See Papers. - - 131 

in debate. — See Debate. ... 132 

questions of, may be adjourned - - 138 
decision of Speaker on points of, may be controlled 138 
a member may insist on the execution of a subsist- 
ing - - - - - - 138 

question of, to supersede a question depending 162 

and Resolution, distinction between - - 141 

of one House, requiring concurrence of the other, 

(except for adjournment) to be 

presented for approval - - 19 

Orders of the day, how, and when to be called up - 138-9 

may be discharged at any time - 139 

of the House, determined with the session - 139 

P. 

Papers and Journals, not to be removed from Clerk's 

table 131 



&14 INDEX TO THE MANUAL. 

Page. 
Papers and Journals, rules respecting their preservation 131 
reading of, how far they may be called for - 154 
referred, usually read by title - - - 154 
to be left with the conferees of the House acced- 
ing to the conference asked - - 189 
Parliament, each House of, may adjourn independently of 

the other 195 

Petition and remonstrance, distinction - 139 

to be presented by a member, &c. - - 138.140 

the member presenting to state its contents - 140 

to be subscribed or written by petitioner - 140 

President of the Senate, provided by the Constitution - 121 

may appoint chairman - 123 

pro tempore, to be chosen in the absence of the 

Vice-President - - 122 
at what time his office shall deter- 
mine ... 122 
of the United States shall give information to 
Congress ... - 123 
Privilege of Parliament has gradually increased - 108-9 
of members of Parliament - 109-15 
of Senators and Representatives - - 110-14 
of Senators, constructive extent - - 111-15 
of the two Houses, cases of alleged breach of 11 1-12-13 
of members commence by virtue of election 114 
of members must be ascertained at the peril 

of the party violating ... 114 

of members, the privilege of the House - 114 

a member violating, amenable only to the House 115 
is violated by not putting a question which is in 

order ----- 115 
©f one House in relation to the other, or in re- 
lation to a co-ordinate branch of the Govern- 
ment ----- 116 

q. 

Qualification of Senators - - - - 117 

Questions, general rule for putting - - - 155.173 

the priority of certain, considered - - 155 
privileged, what shall be - - 155 to 162 

privileged, in filling blanks - 166,168 

privileged, in references to Committees - 161 
privileged, in amending amendment, and to 

agree or disagree - -.. 187 






INDEX TO THE MANUAL. 215 

Fage. 

Question, privileged, motion to amend has precedence 

over motion to strike out - 162 
of order, (incidental,) how far it shall super- 
sede any other - - 162 
previous, its intention and effect - - 163-4 
previous, after being' moved, can an amend- 
ment to M. Q. be proposed? - 164-5 
division of, by whom and how made - 169 
what are divisible - 179 
when divided, each point open to debate and 

amendment - 161 
(co-existing,) what, suspends, and what removes 
from the House, an existing ques- 
tion .... 171 
equivalent, what is considered - . 172 
determined by ayes and noes - - 179 
to be resumed, in statu quo, when suspended 

by the want of a quorum - - 181 

Quorum, only shall do business - - - - 120 

what number shall bea - - - 120 

how the attendance of may be compelled - 120-1 

any member may desire a count, for the purpose 

of ascertaining .... 120 

not present, suspends the question - - 181 

R. 

Recommitment of a report, effect of - 148 

Reconsideration of bills, orders, instructions, &c. - 182-3-4 

of questions requiring two-thirds, by whom 

may be moved ... 201 

Remonstrance and Petition, distinction - - 139 

Report of one House not to be read in the other - - 154 

Representatives, House of, of whom composed - - 118 

House of, shall choose their Speaker and 

other officers ... 122 
House of, powers of in relation to its rules, 

and the conduct of members - 131 

qualifications of 118.120 

Representation and direct taxes, how apportioned - 118 

of each State, from 1787 to 1820 - 119 

vacancies in, how supplied - - 119 

Resolution, and Order, distinction ... 141 

of one House to pay money, when not in order 141 

when to be presented for approval - 193 



216 INDEX TO THE MANUAL, 

PttM 

Mules, an adherence to, important - 107- 

Rutes and orders of each House, to what cases they shall 

apply - - - - 131 

S. 
Senate, of whom composed, and how classed - - 11 »: 

the Vice-President to be the President - 12 J 

shall choose their officers, &c. — See President of 
the Senate. ..... I2jjj 

power of, in relation to rules, and the conduct of 
members ----- 131 

equal division ta be determined by the vote of 
the Vice-President .... 171- 

adjournment of. — See Adjournment. - - 19J 

session of, what constitutes ... 19! : 

committees of, may, if authorized, sit during the 
recess ..... 19'? 

Speaker, shall be chosen by the House of Representa- 
tives - - - - 12! 

absence of, from sickness, another chosen - 12! 

Special orders. — See Orders. 

T. 

Taxes, direct, how apportioned 

Treaties may be made by the President and Senate 

shall be kept secret until injunction removed 

are legislative acts .... 

extent of the power to make - - - 

may be rescinded by an act of the Legislature 

papers to be communicated with 

ratified by nominal call ... 

read for information, the day received 

read for consideration on subsequent day 

proceedings upon - 

reconsideration of votes upon, may be moved 

by one of the side prevailing - - 201 

V. 

Vice-President of the United States shall be President of 

the Senate 121 

his absence provided for - - 122 

Y. 

Yeas and Nays, may be required by one-fifth - - \7i 

to be taken alphabetically - - iSjl 

all present shall vote, unless excused - 171 
when called and decision announced, 

no member allowed to vote - 17' ■ 



